Violence and Weapons Offenses

The offense of injury and bodily harm

Introduction: Violent offenses in the Penal Law

The violent offenses set out in the Penal Law comprise a wide range of acts, from simple assault, through injury and bodily harm, to grievous bodily harm and assaulting a police officer. What they all have in common: the offender deprives the victim of autonomy over their body and violates their basic right to protect their body and liberty. The more severe the damage caused, the greater the severity of the offense and the punishment attached to it.

What is an injury?

Section 34Kaf-Dalet of the Penal Law defines a wound as a cut or stab that pierces any external membrane of the body. For the offense to be made out, an external injury to the skin, a bruise, a scratch, or a cut is sufficient, so long as it was caused by the conduct of the person inflicting the injury.

The offense may also be made out without explicit intent, for example, when a person tries to separate two people who are fighting and injures them, or when the injury is caused during self-defense. In terms of degree of severity, injury is less severe than grievous bodily harm, and cases of this type are heard in the Magistrate's Court.

Injury under aggravating circumstances

Section 335 of the Penal Law defines two aggravating circumstances for the offense of injury: first, the person inflicting the injury was carrying a firearm or a bladed weapon at the time of the injury. Carrying the weapon itself is sufficient, even if the weapon was not used as the means of injury. Second, others were present at the time of the injury. Whether all of them took part in the injury or not, all those present will be charged with injury under aggravating circumstances. It is important to be aware of this circumstance: even someone who was present at the scene and did not strike may find themselves accused.

What are bodily harm and grievous bodily harm?

Section 34Kaf-Dalet of the law defines bodily harm as pain, illness, or physical impairment, whether permanent or temporary. Grievous bodily harm is dangerous bodily harm that harms or may severely harm the victim's health to the point of endangering their life, or causing disfigurement and disability, permanent injury to an organ, membrane, or sense.

To establish the offense of bodily harm, an actual result is required; an attempt to injure is not enough. In addition, the assailant must be aware at the time of the act of his conduct, the circumstances of its commission, and the possibility that his conduct will cause bodily harm. The mental element is critical, and at times it is precisely the place where an effective defense can be built.

Bodily Injury under Aggravating Circumstances

Section 335 also applies to grievous bodily harm, and aggravates the punishment in two circumstances: carrying a firearm or a cold weapon while causing the bodily harm; or the presence of several people at the time of the injury, even if not all of them physically touched the victim.

Sentencing framework

• The offense: unlawful wounding (Section 334); Maximum punishment: up to 3 years of imprisonment
• The offense: wounding under aggravating circumstances (Section 335); Maximum punishment: up to 6 years of imprisonment
• The offense: wounding a family member / minor / helpless person; Maximum punishment: up to 6 years of imprisonment
• The offense: unlawful grievous bodily harm (Section 333); Maximum punishment: up to 7 years of imprisonment
• The offense: grievous bodily harm under aggravating circumstances (Section 335); Maximum punishment: up to 14 years of imprisonment
• The offense: grievous bodily harm to a family member / minor / helpless person; Maximum punishment: up to 10 years of imprisonment

It is important to remember: the above punishments are maximums, not mandatory minimums. The court examines the nature of the act and not only its result: whether the injury was caused by accident, with prior knowledge, or in self-defense, all of these affect the final sentence. These differences carry significance of many years, and anyone represented by an experienced criminal lawyer from the first stage is in a much better position to influence the outcome.

Why is early representation important in violence cases?

The distinction between ordinary wounding and wounding under aggravating circumstances, between bodily harm and grievous bodily harm, and between an offense committed by accident and one that was planned, these are questions that cannot be handled at the proper level without skilled legal representation. Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in violent offenses and knows exactly where the classification of the offense can be challenged and action taken to mitigate punishment. If you were questioned on suspicion of wounding or bodily harm, contact us for an initial consultation without obligation before giving any version.

The offense of human trafficking

"Modern slavery," the background to the offense

Human trafficking is called "modern slavery," a global phenomenon in which a person is treated as property that can be sold and transferred between owners. The phenomenon occurs mainly in economically weak countries, from which people are imported to developed countries for purposes of exploitation. The trafficking is carried out through fraud, physical coercion, and kidnapping, while the victims are promised respectable work and a livelihood, but in practice they are held in confinement conditions, deprived of their passports, and forced to work long hours without any freedom.

The condition of trafficking victims is especially difficult: language and cultural gaps, lack of access to information and resources, and extreme power disparities all make escape from their situation almost impossible without external assistance. The best-known cases are trafficking for prostitution and sexual exploitation, but the phenomenon also includes organ removal, child abduction, and forced labor.

The international background and legislation in Israel

As early as 2000, the UN General Assembly adopted a protocol for the eradication of human trafficking, as a supplement to the UN Convention against Transnational Organized Crime. Israel signed the protocol, and in 2006 was recognized by a UN report as one of the central countries to which trafficking victims are imported, mainly women for prostitution. Following this, the Prohibition of Trafficking in Persons Law (Legislative Amendments), Tashsa-Zayin-2006, was enacted, and a dedicated unit was established in the Ministry of Justice to coordinate the fight against the phenomenon.

The legal definition

Section 377Alef(d) of the Penal Law defines human trafficking as "making a transaction in a person," whether by sale, purchase, or any other transaction, for consideration or without consideration. The prohibited purposes listed in Section 377Alef(a) are: removal of an organ from the body; giving birth to a child and taking the child; slavery; forced labor; an act of prostitution; participation in the publication or presentation of obscenity; and commission of a sexual offense.

Elements of the offense

The offense of human trafficking is a conduct offense; there is no need for an actual result. It is enough that a person trafficked another person for one of the prohibited purposes, or exposed them to the danger of them, even if the purpose was ultimately not achieved.

The actus reus requires proof of: conduct, carrying out a transaction in a person; circumstances, the trafficking was carried out in a person (not an object) and for one of the purposes prohibited by law.

The mens rea: the defendant's awareness of their conduct and the circumstances of the offense. Their subjective intent is examined against the conduct itself.

Punishment

• The situation: human trafficking for one of the prohibited purposes; penalty: up to 16 years' imprisonment
• The situation: mediation for trafficking of this kind; penalty: the same as that of the extortionist himself, up to 16 years of imprisonment
• The situation: human trafficking when the victim is a minor; penalty: up to 20 years' imprisonment
• The situation: minimum sentence under Section 377Bet; penalty: not less than 4 years' imprisonment

The minimum sentence prescribed by law is rare in the Israeli legal system; its very existence indicates the seriousness with which the legislature regards this offense. Even someone who acted only as an intermediary, and not as the trafficker himself, is exposed to the same maximum penalty.

Legal representation in human trafficking cases

Human trafficking cases are among the most complex, both in terms of the evidence required to prove the mental element and in terms of the classification question: whether it is trafficking, procuring, exploitation, or a lesser offense. Israel Arama, a former member of the Tel Aviv District Attorney's Office, is familiar with how cases of this kind are built from the inside and knows exactly where the weak points lie. If you are suspected of this offense or involved in proceedings related to it, do not undergo questioning without advice. Contact us for an initial consultation without obligation.

Aggravated intentional injury

What is the offense and why is it especially serious?

The offense of aggravated intentional injury is set out in section 329 of the Penal Law, under Sign Dalet titled "Endangering Life and Health." This is one of the most serious offenses in the hierarchy of violent offenses, and the penalty for it is up to 20 years' imprisonment, an offense of the felony type in every respect.

What distinguishes this offense is the emphasis on intent: people who committed identical factual acts may receive completely different sentences because of that same "aggravated intent." The legislature makes clear: injury committed with intent is far more serious than injury without intent, and justifies harsher punishment.

The six alternatives of the actus reus

Section 329 lists six possible alternatives:

Wounding a person or causing serious unlawful injury, an actual result is required. Attempting to harm by means of a bullet, knife, stone, or any other dangerous weapon, the attempt itself is sufficient even without success. Detonating explosive material, whether or not a person was harmed. Sending or delivering explosive or dangerous material to another person, without actual harm. Placing crushing material, explosive material, or corrosive liquid in any place, the act of placing alone satisfies the requirement. Throwing such materials at a person or using them on the person's body.

Critical point: in most of the alternatives, actual physical injury is not required. The dangerous conduct itself is sufficient. The broad definition creates a situation in which people may be exposed to charges without being aware of it.

The mental element, the aggravated intent

This is the most difficult part for the prosecution to prove, and therefore also the part where it is sometimes possible to act. Two levels are required:

The cognitive level, the defendant was aware of the nature of his conduct, the relevant circumstances, and the possibility of causing the result.

The volitional level (the aggravated intent), one of two intents must be proven: intent to inflict a disability, disfigurement, or serious injury; or a purpose of resisting a lawful arrest or detention, whether his own or that of his friend.

Without proving the aggravated intent, at most it is possible to convict of a lesser offense. Therefore, attacking the intent is usually the most central point in the defense.

Minimum sentence in certain circumstances

Unlike most felony offenses, the law provides here for a minimum sentence of 4 years' imprisonment when aggravated intentional injury was committed against a spouse (including a common-law spouse), a minor, or a helpless person for whom the defendant is responsible. The court will not be able to go below 4 years' imprisonment in these circumstances, except for special reasons to be recorded. It is important to note: an older brother or a cousin does not fall within the narrow definition of "family member" for this purpose.

The distinction between this offense and "ordinary" serious injury

The substantive difference is not in the injury itself but in the intent. The same identical injury, a fracture, a stab wound, impairment of a sense, can lead to a charge of serious injury (up to 7 years' imprisonment under section 333) or aggravated intentional injury (up to 20 years' imprisonment under section 329). The distinction depends entirely on the proven mental element. A gap of 13 years' imprisonment may be determined on the basis of things said during questioning. Early representation is the most decisive factor in cases of this kind.

Legal representation in aggravated intentional injury cases

Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in serious violent offenses. Familiarity with the way cases of this kind are built by the prosecution allows early identification of the weak points in the attributed intent and examination of the possibility of reducing the classification to a lesser offense. Contact us for an initial consultation without obligation.

Introduction

The offense of assaulting a minor is established in Siman Vav'1 of Chapter Yod of the Penal Law, which deals with harm to minors and helpless persons. The relevant sections were added to the law in 1989 (Amendment No. 26), out of recognition that harming those who are unable to protect themselves, because of their age, disability, or another reason, is especially serious and justifies aggravated punishment.

Key definitions

Assault, under Section 378 of the Law, is striking, touching, pushing, or applying other force to a person's body, directly or indirectly, without their consent or with consent obtained by deceit. This is physical assault only, not verbal.

Minor, under the Youth Law (Care and Supervision), Tash"kh-1960, is a person who has not yet reached 18 years of age.

Helpless person, under section 368A, a person who, due to age, illness, a mental or physical disability, an intellectual impairment, or any other reason, is unable to care for their basic needs.

Responsible person, a parent or any person charged with responsibility for the minor's needs, health, and education, by law, judicial decision, contract, or by deed. An adult family member (a parent's spouse, grandparent, sibling, uncle, and others), as well as any person over the age of 18 with whom the minor lives when relations of dependence or authority exist between them.

The scale of weapons offenses in Section 144

Section 144 of the Penal Law sets a severe sentencing scale: acquisition or possession of a weapon without lawful authorization, up to 7 years of imprisonment; acquisition or possession of a part, accessory, or ammunition only, up to 3 years of imprisonment; carrying or transporting a weapon, up to 10 years of imprisonment. The distinction between "possession" and "carrying" is substantial: the possessor controls the weapon located in his home or in his possession; the carrier moves it from place to place, and the legislature views this as an increased risk. In recent years, legislation has also established provisions that aggravate actual sentencing in weapons offenses, against the background of the wave of violence, and the courts impose actual prison terms almost without exception.

"Possession" is broader than it seems

Possession does not require ownership or even physical contact: a weapon found in an apartment, vehicle, or storage space under a person's control is attributed to that person, and when a weapon is found in a place under the control of several people, all are exposed to suspicion. This is also where the central line of defense lies: challenging the element of control and knowledge. A person who did not know of the presence of the weapon, or who does not have exclusive control over the place, is not a "possessor." These questions are decided on forensic evidence (fingerprints, DNA), correspondence, and circumstances, as well as on the version given in questioning.

Even license holders are at risk

Holders of a lawful firearm license are exposed to related offenses: possession of ammunition beyond what is permitted, possession of a firearm whose license has expired, transferring the firearm to another person, and carrying it contrary to the license conditions. These offenses may appear “technical,” but they are treated as firearm offenses in every respect, alongside revocation of the license. Do not treat them lightly.