Intentional less serious bodily harm (Article 118 of the Criminal Code of Georgia) is a crime that, while not life-threatening, causes prolonged health impairment or significant persistent loss of general working capacity. This category differs significantly from both serious (Article 117) and light (Article 120) bodily harm. In practice, "less serious" harm is considered an injury that requires treatment for more than 21 days but does not result in the loss of an organ or a life-threatening condition. Although the punishment is lighter than for Article 117 (penalties can include corrective labor or imprisonment from 2 to 4 years), the risk of a criminal record and imprisonment remains real. Disputes regarding medical criteria are common in these cases, specifically how accurately the expert determined the degree of injury. Therefore, the involvement of a qualified lawyer is essential to verify the expert report and develop the correct defense strategy.
What does Intentional Less Serious Bodily Harm Defense cover?
Criminal defense lawyers offer specialized services focused on evidence analysis and procedural defense:
- Audit of medical documentation: The lawyer details the doctor's notes and expert conclusions to determine if the injury truly meets the "less serious" criteria (e.g., need for 21+ days of treatment).
- Requalification of the act: Attempting to reclassify the act as light bodily harm (Article 120) or battery (Article 126), which carry much lighter penalties.
- Settlement with the victim: Active negotiation with the victim regarding compensation and reconciliation, which often forms the basis for a suspended sentence or plea agreement.
- Presenting alibi and witnesses: Gathering evidence that the accused was not involved in the incident or acted in self-defense.
- Court representation: Conducting defense during pre-trial and main hearings.
Common Situations and Scenarios
Charges under Article 118 often relate to the following situations:
- Fractures and bruises: Bone fractures that are not life-threatening but require long-term treatment (casts, surgery).
- Deep cuts: Wounds caused by a knife or object that do not damage vital arteries or organs but cause temporary loss of working capacity.
- Concussion: Head trauma requiring hospitalization and long rehabilitation.
- Sports or domestic conflicts: Fights between neighbors or acquaintances that go beyond simple battery.
Georgian Legislation and Legal Framework
Article 118 falls under the category of less serious crimes (unless aggravating circumstances exist). The main distinction is made from Articles 117 (serious) and 120 (light). "Prolonged health impairment" is defined by law as a treatment process lasting more than 21 days. If treatment lasts up to 21 days, it is usually qualified as light harm. The lawyer's task is to precisely define this threshold. Additionally, the Criminal Procedure Code allows for diversion (closing the case without a criminal record) if the accused is a first-time offender and an agreement is reached with the victim.
Service Delivery Process
The process begins with reviewing case materials. The lawyer analyzes the expert response and police reports. If grounds exist, an alternative medical examination is appointed. Negotiations with the Prosecutor's Office take place simultaneously. If the case goes to court, the lawyer defends the client during the determination of preventive measures (detention/bail) and subsequent main hearings.
Why choose a specialist on Legal.ge?
In cases of intentional less serious bodily harm, the outcome often depends on the lawyer's ability to negotiate effectively and correctly assess medical evidence. On Legal.ge, you will find lawyers experienced in this category of cases who can achieve the best result, including case dismissal or minimal sentencing.
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