II. Key Defense Challenges in This Case
Clear evidence of harm and a solid foundation for conviction.
The victim's injuries have been assessed as a minor injury, second degree, fully meeting the threshold for criminal liability under the crime of intentional injury. The facts supporting conviction are clear, leaving minimal room for a not-guilty defense. The core objective is to secure the most lenient possible outcome.
Strict standards for determining self-defense
In judicial practice, the boundary between mutual combat and self-defense is often unclear. With numerous bystanders at the scene, chaotic circumstances, and physical contact from both sides, fully establishing a claim of self-defense to avoid criminal liability is extremely difficult.
High threshold for exemption from criminal punishment
In cases of intentional injury resulting in minor injuries (Grade 2), the standard sentencing involves fixed-term imprisonment, criminal detention, or public surveillance. To secure a conviction with exemption from punishment, multiple statutory and discretionary mitigating circumstances must be combined to meet the legal threshold of "minor offense." Achieving this outcome is significantly more challenging than obtaining a suspended sentence in typical cases.
III. Core Defense Contributions of Lawyer Qun Heng in the First Instance
After accepting the case, Attorney Cheng Daqun adopted a dual-track defense strategy: focusing on justifiable defense for conviction and striving for exemption from punishment in sentencing. The defense work was advanced through meticulous, end-to-end execution:
(I) Reconstruct the full case facts and establish the defensive nature of the conduct.
The attorney conducted a comprehensive review of the entire case file, analyzing witness testimonies, surveillance footage, and the client's statements to reconstruct the full sequence of events: the victim initiated the conflict, struck first with an object, and the client remained in a mediation role until pushed, resorting to defensive action only under duress.
During the trial, the lawyer systematically argued the urgency of the unlawful infringement, the legitimacy of the intent to defend, and the necessity of the defensive measures. Even if self-defense was not fully recognized, the argument sufficiently established that the victim bore significant fault and the defendant's subjective malice was minimal, laying a solid factual foundation for lenient sentencing.
(2) Fix statutory circumstances of voluntary surrender to strengthen the legal basis for exemption from punishment.
The attorney clarified that the client voluntarily surrendered after being notified by phone from the public security authorities and truthfully confessed to all facts of the case, emphasizing this under relevant judicial interpretations:A defendant's argument regarding the nature of their conduct (e.g., claiming self-defense) does not preclude a finding of voluntary surrender.。
Successfully secured the court's recognition of voluntary surrender. Given the minor nature of the injury and the circumstances that provoked the incident, this directly aligns with the Criminal Law provision stating that "voluntary surrender in cases of minor crimes may result in exemption from punishment," providing the essential legal basis for a decision to exempt criminal penalties.
(3) Promote settlements and mutual understanding to fully resolve disputes.
The attorney guided the client and victim throughout the compensation negotiation, balancing both parties' interests to draft a reasonable settlement plan. This ultimately facilitated a criminal reconciliation agreement: the client fully compensated all losses incurred by the victim, who then issued a written letter of forgiveness and voluntarily withdrew the incidental civil lawsuit. The conflict was completely resolved, creating a critical discretionary basis for the court to impose no penalty.
(IV) Comprehensive court arguments established the rationale for exemption from penalties; opinion adopted by the Adjudication Committee.
During the trial, the attorney systematically argued across five key dimensions—that the victim was seriously at fault, the defendant's subjective malice was minimal, they surrendered voluntarily, had no prior criminal record and committed a one-time offense, actively compensated the victim and obtained forgiveness, and posed extremely low social harm—to demonstrate that this case involves a minor crime and fully meets the statutory conditions for exemption from punishment. A complete written defense opinion was submitted.
After deliberation by the court's judicial committee, all mitigating defense arguments presented by the attorney were accepted. The defendant was sentenced to exemption from criminal punishment.
IV. Court Judgment
After trial, the Tunxi District People's Court of Huangshan City found that defendant Li committed the crime of intentional injury. The court recognized that Li surrendered voluntarily, the victim was at fault first, and Li demonstrated low subjective malice and committed a minor offense. Additionally, Li actively compensated the victim and obtained forgiveness, resulting in limited social harm. The final judgment is as follows:
Defendant Li is guilty of intentional injury.Exemption from criminal punishment。
The party bears no criminal penalty, minimizing the adverse impact of criminal proceedings on their career and personal life.
V. Professional Case Handling Guidelines
In everyday conflicts, even if the other party initiates physical contact, retaliating and causing a minor injury (Grade II or above) is likely to be classified as intentional injury rather than justifiable defense. Do not let a momentary loss of control lead you across criminal boundaries.
In intentional injury cases resulting in minor injuries, factors such as voluntary surrender, significant fault by the victim, full compensation and forgiveness, and being a first-time or occasional offender can be combined to seek reduced, mitigated, or even exempted punishment. Engaging a lawyer early to develop a defense strategy maximizes the chances of achieving the most favorable outcome.
A party's defense regarding the nature of their conduct (e.g., claiming self-defense) does not affect the statutory determination of voluntary surrender and should not be waived to establish such surrender.
Consultation Guide
The Criminal Defense Department of Zhejiang Qunheng Law Firm specializes in criminal defense across the Yangtze River Delta region, with expertise in cases involving intentional injury and self-defense. We are well-versed in judicial standards at courts in Huangshan, Hangzhou, Jiaxing, Shaoxing, and surrounding areas. We provide comprehensive defense services throughout all stages of the criminal process—from investigation to prosecution and trial. For inquiries regarding criminal cases, please schedule an online appointment or visit our office for consultation.