Abogado for Theft and Robbery Defense Attorney

Are you involved in a theft offence or a robbery offence?

Thanks to the experience and dedication of our criminal defence law firm in Madrid, Spain and throughout Europe, you will achieve the best possible outcome.

To succeed in criminal law matters, the initial steps are crucial; therefore, if you are under investigation for a theft offence or a robbery offence, please contact our criminal defence law firm in Madrid, Spain and throughout Europe, GRANDA & ASOCIADOS, experts in these offences.

234-242

Articles of the Criminal Code

€400

Threshold for theft / minor offence

6-18 m

Imprisonment for theft

1-3 years

Imprisonment for robbery

What do theft and robbery offences consist of?

Our experienced criminal law firm offers you the best defence.

Both offences are regulated under crimes against property and socio-economic order, specifically in Articles 234 to 242 of the Criminal Code.The conduct commonly referred to as “stealing” in everyday language is defined in the Criminal Code using different terms depending on the circumstances of each case.In all cases, the conduct is the same: unlawfully taking someone else’s property without the owner’s consent. However, for such conduct to be classified as robbery, the Criminal Code requires that, in addition, either violence or intimidation against persons is used, or force is used against property in order to achieve that purpose.Otherwise, the conduct will be classified as theft. This is the main reason why theft with force is considered a more serious offence than theft, and therefore carries a higher penalty.Another important distinction between both offences is that, while theft requires the value of the stolen goods to exceed €400 (being considered a minor offence if below that amount), robbery makes no reference to the value, but rather to whether violence or intimidation against persons, or force against property, is used, as mentioned above.

Property · Theft and robbery

What are the penalties for theft and robbery?

According to the Criminal Code, theft occurs when a person, with intent to gain, unlawfully takes a tangible item without the owner’s consent. The offence of theft is considered a crime against property and socio-economic order and carries a prison sentence ranging from six to eighteen months, provided that the value of the property appropriated exceeds 400 euros.

In cases where the value is lower, a fine of between 1 and 3 months would be imposed. It should also be noted that penalties will be imposed in their upper half if any alarm and/or security device has been disabled in order to commit the theft.

6 – 18 monthsImprisonment for theft (value > €400)

1 – 3 monthsFine if the value is lower

1 – 3 yearsWith aggravating circumstances or recidivism

The recent reform of the Criminal Code has introduced certain changes compared to the previous regulation. Specifically:

The category of petty theft has been abolished and is now classified as a minor offence of theft. This means that a criminal record will now be registered, as it is considered a criminal offence.

In addition, the circumstances under which this offence is considered aggravated have increased from 5 to 9. As a result, new cases are now included, such as theft of pipelines, wiring, hydrocarbon or telecommunications infrastructure, as well as agricultural or livestock products.

Likewise, it will be considered an aggravating circumstance to use minors under 16 years of age to commit theft. In such cases, we recommend that the minor seek assistance from a qualified juvenile defence lawyer who can help them achieve the best possible outcome in a theft or theft with force case.

Another of the most common aggravating factors in this offence is recidivism, meaning having already been convicted three times for the same type of offence. It should be noted that if a conviction includes any of these aggravating circumstances, the penalty is significantly increased, and may result in a prison sentence of one to three years.

We are a criminal defence law firm with extensive experience in theft and theft with force offences. At GRANDA & ASOCIADOS, specialists in theft and robbery offences, we will analyse your case and provide you with the best solutions.

The offence of robbery

The so-called offence of theft with force against property is one of the forms of robbery defined as such in the Criminal Code.

This type of offence is defined as an act committed by a person with intent to gain, whereby they unlawfully take movable property belonging to another person, using force against property either to gain access to the place where the property is located or to leave it.

The Criminal Code itself sets out what types of conduct may be considered “force against property”, which are as follows:

Climbing or breaking in: which involves breaking a wall, ceiling, floor, or doors and windows.
Breaking open locked cabinets or other furniture, by forcing their locks or discovering their security codes in order to take the property.
Using false keys to commit the theft. Magnetic or perforated cards are also considered keys.
Disabling alarm systems

Following the most recent reform of the Criminal Code in 2015, it should be noted that it is also considered theft with force when force is used while leaving the place where the theft was committed, which represents a new development.

The offence of theft with force is punishable by a prison sentence ranging from one to three years.

If any aggravating circumstances are also present during its commission, the penalties will be higher, and may range from two to five years.

It is considered an aggravating circumstance when the stolen goods have special historical, cultural, scientific or artistic value.

It is also considered an aggravating circumstance when the stolen goods are essential items or when their theft causes serious harm.

Committing the offence in a dwelling or in premises or buildings open to the public is also considered an aggravating circumstance.

If you or someone close to you has been involved in this type of offence, our Madrid theft defence lawyer is qualified to act both in defence and prosecution in this type of case.