Arrested for assault in China? Did you get into a fight and punch a Chinese citizen? Don’t expect the police to believe your story.

Even if you were standing up for someone like your girlfriend, and keeping her safe, Chinese police can be racist.

You need to take your situation seriously and hire a criminal lawyer in China right away. If you want to speak to a lawyer in China, contact us or reach out to a legal consultant on Wechat: alistairvigier

Assault is a heinous crime that can result in severe legal consequences, and this is no different in China. It involves intentional acts of violence or physical harm towards another person. To avoid falling afoul of the law, it is essential for both foreigners and locals in China to understand the laws and legal consequences surrounding this crime.

Criminal Law of the People's Republic of China

The Chinese Law on Assault

In China, assault is covered under Article 234 of the Criminal Law of the People’s Republic of China. The law considers assaulting a crime committed when an individual intentionally causes harm to another person’s body, which results in minor or severe physical injury.

The law also stipulates that the severity of the legal consequences depends on the severity of the harm inflicted. If the assault leads to severe injury or death, the perpetrator will face more severe legal consequences. The punishment for committing assault in China ranges from fines, and imprisonment to the death penalty in severe cases.

The broad legal definition of assault in China includes a range of physical harm, from minor injuries to severe physical harm that can lead to permanent disability or death. For instance, slapping or punching someone may result in minor physical harm, but using a weapon or causing severe physical harm could lead to more severe legal consequences.

Legal Penalties for Assault in China

The legal consequences for committing assault in China depend on the severity of the injury and the intention of the perpetrator. Perpetrators of assault in China may face fines, imprisonment, or the death penalty in severe cases.

If the assault leads to minor injuries or causes minor harm, the perpetrator may face a fine or short-term imprisonment of fewer than three years. Perpetrators of assault resulting in severe injuries may face imprisonment of between three to ten years. If the assault results in permanent disability or death, the perpetrator may face life imprisonment or the death penalty.

It is important to note that the Chinese government takes assault very seriously, and the legal consequences for committing assault can be severe. The severity of the punishment depends on the severity of the harm inflicted and the intention of the perpetrator.

Assault Laws for Foreigners in China

Foreigners visiting or living in China are subject to the same laws and legal consequences as Chinese nationals. To avoid getting into trouble with the law, it is vital for foreigners to understand the laws and legal consequences surrounding assault in China.

Foreigners who commit assault in China may face deportation, imprisonment, or other legal consequences depending on the severity of the harm inflicted and the intention of the perpetrator. The Chinese government does not differentiate between foreigners and locals when it comes to committing crimes, and the penalties are the same for everyone.

Preventing Assault in China

Assault can be prevented by taking simple precautions and following the laws and regulations set by the Chinese government. To prevent assault, it is crucial to avoid situations that may lead to conflicts or violence, such as crowded areas or late-night gatherings.

If you find yourself in a situation where violence or assault may occur, it is important to try to defuse the situation and avoid physical harm. If you feel threatened or in danger, it is recommended to contact the local authorities and seek their help.

To avoid getting into trouble with the law, it is important to know the laws and regulations regarding an assault in China and to avoid any behaviour that may result in criminal charges. For example, using a weapon or causing severe physical harm can lead to more severe legal consequences.

According to the Chinese government, the rate of violent crimes, including assault, has been decreasing in recent years. In 2019, the number of reported violent crimes decreased by 4.4% compared to the previous year.

Arrested For Assault In China

They can assist with the crime of assault. What is assault?

In China, it falls under the crime of “crimes against people.” Below is a list of crimes against people in China.

Intentional homicide
Intentional assault
Rape
Kidnapping
Human trafficking

Assault is causing harm or unwanted touching. Sometimes talking about it or saying you will do it counts as assault.

What Is Assualt In China?

It can vary from not very serious, to extremely serious. Sometimes it’s spitting on someone or beating them up with a weapon (assault with a weapon.)

It is not required that there is a permanent injury. Also, there does not have to be any injury. For example, slapping someone is an assault.

It is possible to try and get community service. Your goal will be to not get a criminal record.

In China, this often means having to pay money to your victim’s family.

What Does Chinese Law Say About Assault?

If you act in self-defence against rape, getting kidnapped, murder, or assault, there is no crime. You must be able to explain to the Chinese police that you were at serious risk of personal harm.

If you are convicted of assault, you will serve less than three years in jail.

Assaults often happen in places where there is drinking, like outside bars and nightclubs. In China, this sort of crime often happens late at night.

Sometimes it could be sexual assault and other times assault in the form of punching or kicking someone.

Arrested For Assault in China

A lot of abuse and assault in China can come from your spouse or partner. By the way, a lot of domestic assault happens from women to a man.

If you are a man, don’t assume you can do nothing about it. A lawyer can get a protection order to protect you.

You can’t hit a woman, so you need to do things the legal way.

Of course, women are also often abused.

The orders can vary from communication, going near the person, going near their work or house, to other things.

Judges are often quite willing to make protection orders. These protection orders can also be for children.

Arrested for assault in China? Contact us.

Find a Local Lawyer

Contact us

Understanding Assault Laws in China: What You Need to Know