Legal Tips

Assaults and Misdemeanors: which court to go?

You have been a victim or perpetrator of a crime and you do not know how to react to defend your interests? In each situation, its court to all our explanations.

which court to go

Whether you have a red light in the car, pocketing stolen or robbed a store, you can be prosecuted for acts that you have committed. Offenses are judged by different judges depending on the severity of your actions: you will not be sued in the same court for a violation, a misdemeanor or a felony.

You are an author of a contravention: The police court
If you are stopped by the police for speeding or for defect of ticket, you will be charged directly.

You have insulted a passerby on the street? You have not picked up the dog poop on the sidewalk? You listened to loud music in your car? In all these cases, you will also be directly verbalized.

You can challenge the violation before the police court, which hears all violations of the 1st to 5th grade and up may impose a fine of €1,500 or €3,000 for a subsequent offense.

Good to know: If you are a minor, the juvenile judge considers that offenses of the fifth class.

You are a perpetrator: The criminal court
If you have committed theft or violence, but also if you smoked a joint, you can be prosecuted in the criminal court, which hears all offenses and can impose fines and up to 10 years in prison.

If you were minor at the time of the facts, you will not be judged by the Criminal Court, but by the juvenile court.

If you are 16 years of age and that you have already been sentenced for the same facts in the 5 years preceding punishable by 3 years in prison at least, you will be judged by the court trying criminal cases for miners.

Good to know: If you want to ask for the obliteration of a judgment being reproduced on your criminal record, you must seize the magistrates’ court which condemned you.

You are a perpetrator: The assizes court
If you have committed a robbery, rape or murder, you will be brought before the Assize Court, which can pronounce a sorrow of life imprisonment.

If you were a minor at the time, you will be judged by the juvenile court if you were under 16 years, or by the Assize Court of minors if you have more than 16 years.

You are convicted of an offense
If you were condemned to a sorrow of imprisonment, you can ask for an installation of your sorrow: reduction, more flexible mode of conditional discharge, electronic bracelet, even early release.

To benefit from these improvements, you should contact:

  • The judge sorrows the application if you have been sorrow to less than 10 years imprisonment, or if you have less than 3 years to be served;
  • The court to sorrow enforcement if you were condemned to more than 10 years of imprisonment or if you have more than 3 years to serve.

If you were condemned to a suspended sentence and testing period, or to a work of general interest, you will deal with the judge of the application of the sorrows for the follow-up of your judgment.

Good to know: Minors also have the right to facilities trouble. Judge enforcement of sorrows for minors is the juvenile judge and court enforcement of sorrows is the juvenile court.

You are a victim of crime: civil or criminal proceedings
Were you struck and did you undergo minor abused (less than 8 days total interruption of work)? Were you cheated? You are a victim of crime and you have the right to seek damages for the injuries which you have suffered.

As a victim, you have two options:

  1. Enter the civil justice for damages. In this case, if you claim less than €10,000, you must enter the court. If you are claiming more than €10,000, you must enter the high court.
  2. Enter the criminal justice by filing a civil complaint then by constituting you left before the police court, the magistrates’ court or the Assizes Court. Criminal Justice is faster.