Page updated: see our full guide to defence in robbery and theft cases in Alicante.
Property Crime · Alicante · Madrid · Nationwide across Spain
Here we do not simply defend cases: we control consequences.
Theft, robbery with force, violent robbery, in an inhabited dwelling or on commercial premises. The correct classification —theft or robbery, minor or aggravated, completed or attempted— is the difference between a fine and several years in prison.
Why this is different
Robbery and theft cases all share the same requirement: challenging every element of the offence on technical grounds. What counts as force against property, when violence or intimidation exists, what qualifies as an inhabited dwelling, how the stolen goods are valued, whether the offence remained at the attempt stage: each concept has its own case law and enormous sentencing consequences. Added to this are identifications (identity parades, cameras, fingerprints, DNA) — the classic source of miscarriages of justice. That is why we review the police report, the identification and the expert valuation piece by piece: in these cases, lowering the classification means winning the case.
What we defend
Defence and private prosecution under arts. 234 to 244 of the Spanish Criminal Code.
Taking another person’s movable property without violence or force, worth more than €400. Below that, a minor offence.
Items of artistic value, situations of shortage of supply, particular seriousness, repeat offending.
Climbing in, breaking, false keys, disabling alarms: force used to reach the property.
Robbery with force in a dwelling, its outbuildings or premises open to the public: the most severe aggravated form.
Taking property by violence or intimidation against persons: bag-snatching, muggings, armed robbery.
Taking a vehicle without intending to keep it permanently: a specific offence with its own penalties.
Acquiring or profiting from the proceeds of a property offence committed by another, for financial gain.
The reform on repeat offending toughens the treatment of repeated minor offences: a specific defence is required.
A large proportion of these offences remain at the attempt stage: a reduction by one or two degrees is an essential line of defence.
Sentencing framework
A quick reference to the applicable sentencing framework. The actual penalty depends on the amount involved, the aggravating factors and the procedural stage.
| Offence | Provision | Sentencing range | Key aggravating factor |
|---|---|---|---|
| Theft> €400 | 234 | 6 – 18 months | ≤ €400: fine (minor offence) |
| Aggravated theft | 235 | 1 – 3 years | Particular seriousness · repeat offending |
| Robbery with force against property | 237–240 | 1 – 3 years | Statutorily defined forms of force |
| Inhabited dwelling | 241 | 2 – 5 years | Dwelling and outbuildings |
| Robbery with violence | 242 | 2 – 5 years | Use of weapons: 3.5 – 5 years |
| Taking a vehicle without consent | 244 | Community service or fine | With force or violence: imprisonment |
| Receiving stolen goods | 298 | 6 months – 2 years | Intent to profit · habitual conduct |
| Legal entity | 31 bis | Fine · suspension · dissolution | Absence of a compliance programme |
Indicative sentencing ranges under the Spanish Criminal Code in force. They do not constitute legal advice; the correct classification and the penalty require an individual analysis of each case.
What sets us apart
Evidence in robbery and theft cases is identification-based and expert-led: cameras, fingerprints, DNA, identity parades, valuations. Challenging it on technical grounds is the most effective defence. That is why we apply LIWARD —Legal Intelligence Warfare for Defense—, our own methodology combining legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy. It is what sets us apart from conventional criminal defence.
Mapping of the proceedings, case-law analysis and early detection of evidentiary weaknesses.
Reconstruction of financial flows and expert examination of the documents that support —or dismantle— the prosecution case.
Chain of custody, admissibility of electronic evidence and traceability of crypto-assets with expert rigour.
Precise decisions at every stage, from the first questioning to the cassation appeal, grounded in risk analysis.
How we work
Immediate 24/7 assistance, preparation of the statement and control of precautionary measures from the very first step.
Examination of the case file, financial and digital expert analysis, and identification of the theory of the case.
Design of the defence or prosecution case, submission of evidence and presentation of expert evidence.
Defence at trial and, where appropriate, appeals, cassation and constitutional appeals.
Who we represent
Shops and companies suffering robberies or internal theft: criminal complaint, recovery of goods and compensation.
Security and premises managers: criminal handling of incidents involving customers and employees.
Arrested and investigated persons: control of the identification, correct classification and pursuit of the minimum penalty or a dismissal.
Victims of robbery: private prosecution, recovery of the stolen property and full claim for the harm suffered.
The Criminal Code distinguishes theft (hurto) under article 234, the taking of another’s movable property without violence or intimidation, from robbery (robo) under articles 237 and following, which arises where the taking involves force on things or violence or threat against persons. The penalty varies considerably according to the manner of the offence and the value of the property.
The correct classification is often the decisive question, because the same underlying event can fall into very different brackets depending on whether force or intimidation is found to have been used.
The Code provides for aggravating circumstances where the property is of particular value, where the victim is in a vulnerable situation, where weapons are used or where the accused belongs to an organisation. Repeat offending carries particular weight and can significantly increase the sentence.
We examine closely whether the circumstances relied on by the prosecution are truly made out, since each of them can move the case into a more serious range.
The defence focuses on the correct classification of the facts, on the proof of the identity of the perpetrator, which in these cases is frequently the weak point, and on the legality of the evidence, from CCTV to identification procedures.
We assess the return or repair of the harm as a mitigating factor and, where possible, the suspension of any custodial sentence, particularly for first offences.
We act for both accused persons and victims, from the investigation stage through to trial, and we pursue the recovery of the property where that is the client’s priority.
For visitors and residents caught up in these proceedings we manage attendance efficiently, while concentrating on the classification and the evidence that determine the outcome.
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Frequently asked questions
Société de Conseil Juridique et Expert
An early conversation can change the course of the entire case. Let us talk before the proceedings decide for you.
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.
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