What is the crime of assaulting an authority figure and what penalties does it carry?

Criminal lawyers specializing in crimes of assault against authority

Recently, the term “assault on authority” has once again become prominent in the news. What exactly does this crime encompass? What does the Spanish Penal Code say, and what penalties can a judge impose?

What is the crime of assaulting an authority figure?

This crime is committed when a person assaults, seriously intimidates, or actively resists authority, its agents, or public officials while they are performing their duties. The Penal Code defines it in Article 550, amended in 2015, as follows:

Those who assault or, with serious intimidation or violence, seriously resist authority, its agents or public officials, or attack them, when they are in the exercise of their official duties or on the occasion thereof, are guilty of assault. — Article 550 of the Penal Code

When is this crime considered to have been committed?

For a judge to recognize this type of crime, the following elements must be present:

• There must be violence, physical aggression or serious intimidation towards the authority or its agents.
• The events must take place while the agent or official is performing their duties, or be motivated by them.
• The passive subject must be the authority, its agents or a public official, and the perpetrator must know this condition at the time of the events.

It is important to note that the term “law enforcement officers” extends far beyond the State Security Forces. Public school teachers, healthcare workers, and employees of other public services are also protected under this law, provided they are acting in the course of their duties at the time of the incident.

Types of crimes against authority and applicable penalties

The Penal Code distinguishes between offenses of varying severity. Understanding these differences is essential to grasping the legal consequences.

Crime of assault

• Aggression or assault on authority
• Prison sentence of 1 to 4 years + fine of 3 to 6 months

Crime of resistance/disobedience

• Resistance or obstruction of authority
• Imprisonment of 3 months to 1 year + fine of 6 to 18 months

Minor offense for lack of respect

• Slight disrespect towards authority
• Fine of 1 to 3 months

The key difference between the crime of assault and that of resistance lies in the intention of the perpetrator: an assault implies a will to cause physical harm to the agent, while resistance or disobedience consists of preventing or hindering the agent from carrying out their duties, without the need for direct aggression.

Aggravating circumstances: higher penalty

Article 551 of the Penal Code establishes that the penalty will be imposed in its upper half —or even a higher degree— when any of the following circumstances occur:

• Use of weapons or other dangerous objects during the attack.
• Attack on authority by means of a motor vehicle.
• When the act of violence could cause serious injuries or be potentially dangerous to people’s lives.
• In case of riot, protest or collective incident inside a prison.

At Nieto Enríquez Criminal Lawyers, a criminal defense firm in Barcelona , ​​we have over 20 years of experience defending individuals accused of these types of crimes. Our team analyzes each case individually to identify the strongest defense arguments, whether by challenging the elements of the crime, the proportionality of police action, or the specific circumstances surrounding the events.

What happens if you act in self-defense against an officer?

This is one of the most frequently asked questions by our clients. The answer is not simple: Spanish jurisprudence is very restrictive in its admission of self-defense against law enforcement officers.

Only in very exceptional cases—when police action is clearly illegal or disproportionate—have the courts accepted this exemption. In any case, it is a matter that requires an individualized analysis of each situation.

Frequently asked questions about the crime of assaulting an authority figure