What is the criminal law for assault?
Assault – what is it [A/248]
- Hitting a person, touching him, pushing him or exerting force on his body in another way, directly or indirectly, without his consent or with his consent obtained fraudulently – this is assault; And for this matter, the use of force – including the use of heat, light, electricity, gas, smell or any other thing or substance, if they were used to the extent to cause damage or discomfort.
Law of simple assault [A/249]
- The person who unlawfully assaults his friend is sentenced to two years in prison, and if this law does not provide for another punishment for this offense due to its circumstances.
Assault causing actual injury [A/250]
- The assailant assaulted his friend and thereby caused him actual injury, his sentence – three years in prison.
Various attacks [A/251, 289] [572] [573] (Amendment No. 12) 577-1980
- (a) Whoever commits one of these, his penalty is three years imprisonment:
(1) attacks his friend to commit a crime;
(2) attacking his friend to steal something;
(3) Attacking his friend to resist the lawful arrest or capture, of himself or of another, due to any offense, or to prevent such capture or arrest.
(Amendment No. 105) 2010
(b) (repealed).
(Amendment No. 105) 2010
(c) The person who commits an offense according to subsection (a) when the attack was in the company of more than two people, shall be sentenced to five years imprisonment.
Assaults under aggravated circumstances [A/251A] [2013] (Amendment No. 17) 2013-1983 (Amendment No. 105) 2010
- (a) An offense was committed according to Sections 379 or 380 when two or more were present who conspired together to commit the act by one or more of them, the punishment for each of them is double the punishment prescribed for the offense.
(Amendment No. 49) 576-1996
(b) Whoever commits an offense according to section 379 against a member of his family, his punishment is – double the punishment prescribed for the offense; For the purposes of this section, “a member of his family” – including someone who was a member of his family in the past, and is one of the following:
(1) his spouse, including what is known to the public as his spouse;
(2) A minor or helpless person, for whom the offender is responsible, according to the definition of “responsible for a minor or helpless person” in section 368a.
(Amendment No. 49) 576-1996
(c) The person who commits an offense according to section 380 against his spouse, as defined in subsection (b), shall be punished by doubling the punishment prescribed for the offense.
Assaulting a public servant (Amendment No. 105) 577-2010
382a. (a) The attacker is a public servant or a person who fulfills a duty or a position assigned to him by law or a person who provides a service to the public on behalf of a body that provides a service to the public, and the attack is related to the fulfillment of the duty or position of the attacked, his penalty is three years imprisonment.
(b) The person who commits an offense according to subsection (a), and one of these is committed, shall be sentenced to five years imprisonment:
(1) intended to fail the victim in his duty or to prevent or hinder him from fulfilling his duty;
(2) was armed with a firearm or melee weapon;
(3) The attack was in the company of more than two people.
(c) the attacker is an emergency worker when he treats a person whose life is in danger or in serious danger to the integrity of the body, or when he works in an emergency room, his penalty is five years imprisonment; In this section –
“Emergency worker” – doctor, intern, brother, midwife, medic, person who plays a role in the MDA or another person who plays a role in an emergency room;
“Doctor”, “intern”, “midwife” and “emergency room” – as defined in the Patient’s Rights Law, 1996;
“MDA” – Magen David Adom Association in Israel, established by the Magen David Adom Law, 1950.
