Criminal defence in Alicante and throughout Spain · offices in Madrid and Alicante
Theft, robbery with force, violent robbery, in an inhabited dwelling or in business premises. The correct classification, theft or robbery, minor or aggravated, completed or attempted, marks the difference between a fine and several years of imprisonment.
In brief. Property offence cases turn on contesting every element of the offence: what counts as force on things, when there is violence or intimidation, what qualifies as an inhabited dwelling, how the property taken is valued, and whether the offence remained at the attempt stage. Identifications (line-ups, cameras, fingerprints, DNA) are the classic source of judicial error.
Robbery and theft cases share a single requirement: to contest technically every element of the offence. What constitutes force on things, when there is violence or intimidation, what is considered an inhabited dwelling, how the property taken is valued, and whether the offence remained an attempt: each concept has its own case law and enormous consequences for the penalty.
Added to this are the identifications (line-ups, cameras, fingerprints, DNA), the classic source of judicial error. For that reason we review the police report, the identification and the expert valuation piece by piece: in these offences, lowering the classification is winning the case.
| Offence | Article | Penalty framework | Key aggravating factor |
|---|---|---|---|
| Theft (over €400) | 234 | 6 – 18 months | €400 or less: fine (minor offence) |
| Aggravated theft | 235 | 1 – 3 years | Special seriousness · multi-recidivism |
| Robbery with force | 237–240 | 1 – 3 years | Statutorily defined forms of force |
| Inhabited dwelling | 241 | 2 – 5 years | Dwelling and its outbuildings |
| Violent robbery | 242 | 2 – 5 years | Use of weapons: 3.5 – 5 years |
| Taking of a vehicle | 244 | Community service or fine | With force or violence: imprisonment |
| Handling stolen goods | 298 | 6 months – 2 years | Gain · habituality |
| Legal person | 31 bis | Fine · suspension · dissolution | Absence of a compliance programme |
Penalty ranges are indicative and set out the ordinary framework; the sentence actually imposed depends on the degree of completion, aggravating and mitigating circumstances and the specific facts of each case.
The evidence in robbery and theft is identification and expert evidence: cameras, fingerprints, DNA, line-ups, valuations. Its technical challenge is the most effective defence. For that reason we apply LIWARD, Legal Intelligence Warfare for Defense, our own methodology, which integrates legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy. That is what distinguishes us from conventional criminal defence.
Shops and companies suffering robbery or internal theft: criminal action, recovery of goods and compensation.
Security managers and establishments: criminal handling of incidents involving customers and employees.
Detainees and persons under investigation: control of the identification, correct classification and pursuit of the minimum penalty or dismissal.
Victims of robbery: private prosecution, recovery of what was taken and full recovery of the loss.
Speak to a criminal lawyer
Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
Copyright © 2026 Société de Conseil Juridique et Expert S.L.
