EXPERT ATTORNEY FOR ROBBERY AND THEFT CASES IN MADRID
Specialized criminal defense for robbery and theft: burglary, armed robbery or robbery with intimidation, simple theft, petty theft and repeat theft. Criminal defense attorney in Madrid with proven experience in proceedings for crimes against property.
Robbery and theft crimes in Spain: differences and criminal consequences
The crimes of theft and robbery are regulated in Title XIII of the Criminal Code, within crimes against property. Although both involve the misappropriation of another’s property with intent to profit, their legal distinction is fundamental to determine the applicable sentence and defense strategy.
What is theft?
Theft (arts. 234 to 236 CP) consists of taking movable property belonging to another with intent to profit without using force or violence. It is the least serious form. Simple theft of goods valued at over 400 euros is punishable by 6 to 18 months imprisonment (art. 234.1 CP). If the value does not exceed 400 euros, it is petty theft (art. 234.2 CP), sanctioned with a fine of 1 to 3 months.
What is robbery?
A robbery (arts. 237 to 244 CP) adds to the intent for gain the use of force against property or violence or intimidation against persons. This difference determines substantially more severe penalties. The correct legal classification of the facts—theft versus robbery—can mean the difference between a fine and several years in prison.
The key element: intent for gain
In both theft and robbery, intent for gain is an essential subjective element. Without it, the conduct is not criminal. In many cases, the defense can challenge the presence of this element or the direct authorship of the accused, especially when the facts occur in flagrante delicto or through circumstantial evidence.
When do you need a robbery and theft attorney?
Acting quickly from the first moment is crucial. You need a criminal defense attorney specializing in robbery and theft if:
- You have been arrested for robbery or theft and need legal assistance for the detainee
- You have been summoned as a suspect in criminal proceedings for crimes against property
- You are accused of breaking and entering in a dwelling, premises or vehicle (art. 238-240 CP)
- You are charged with robbery with violence or intimidation (art. 242 CP), especially with use of weapons
- The case is processed as a fast-track trial and they propose a plea agreement that you must evaluate
- You have prior convictions for similar crimes and the judge may apply repeat theft offender provisions (art. 235.1.7ª CP)
- The arrest occurred in flagrante delicto and the police search may be tainted with nullity
In robbery and theft crimes, reaction time is critical: the initial proceedings, police report and initial statement condition the entire subsequent procedure.
Applicable penalties: table of robberies and thefts under the Criminal Code
Knowing the exact criminal framework is essential to assess defense options:
- Petty theft (art. 234.2 CP): value ≤ €400. Fine of 1 to 3 months.
- Simple theft (art. 234.1 CP): value > €400. Prison of 6 to 18 months.
- Aggravated theft (art. 235 CP): 1 to 3 years in prison. Applies when there is special gravity, use of minors, affecting critical infrastructure or repeat offenses.
- Breaking and entering (art. 240 CP): 1 to 3 years. Aggravated (inhabited house, public building): 2 to 5 years (art. 241.1 CP).
- Robbery with violence or intimidation (art. 242.1 CP): 2 to 5 years. With weapons or dangerous means or in inhabited house: upper half.
- Robbery with violence resulting in injury: concurrent crime rules apply, which can significantly increase the total sentence.
The correct classification of the facts—between theft and robbery, or between aggravated and basic modalities—can mean years of difference in the sentence. A specialized criminal defense attorney analyzes each element of the offense to find the best defense strategy.
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Types of robbery and theft crimes we defend
Each criminal modality has its own criminal framework and requires a differentiated defense strategy. Know the most common types:
Breaking and entering
Arts. 238-240 CP. Use of force against property: climbing, breaking, use of false keys. Penalty: 1 to 3 years. If committed in an inhabited house or with weapons: 2 to 5 years (art. 241 CP).
Robbery with violence
Art. 242 CP. Use of violence or intimidation against persons. Base penalty: 2 to 5 years. If weapons or dangerous means are used: penalty increased by half (3.5 to 5 years). Aggravated subtype with home invasion.
Simple theft
Art. 234.1 CP. Taking without force or violence, value exceeding 400 euros. Penalty: 6 to 18 months imprisonment. Aggravated under art. 235 CP if special circumstances apply such as particular severity or use of minors.
Petty theft
Art. 234.2 CP. Value equal to or less than 400 euros. Minor offense: fine of 1 to 3 months. Although the penalty is lesser, it can generate a criminal record and in repeat offenders can be converted to aggravated theft under art. 235.
Vehicle theft
Art. 244 CP. Taking of a motor vehicle with intent for temporary use. Penalty: up to 2 years or fine. If violence or intimidation is involved, art. 242 CP applies. The distinction between temporary use and definitive intent for profit is key.
Multiple repeat theft
Art. 235.1.7ª CP. When the defendant has been definitively convicted at least three times for offenses under arts. 234 to 235 CP. Penalty: 1 to 3 years. Establishing prior convictions and their statute of limitations are fundamental defense strategies.
Defense strategies in robbery and theft cases
CHALLENGING FLAGRANCY
In flagrante delicto arrest is common in these crimes, but not every arrest is valid. For it to be legal, the crime must be being committed or have just been committed. If the arrest occurred outside these circumstances, the police report and its proceedings may be affected. We analyze whether the officers acted in accordance with art. 492 LECrim and whether the personal or vehicle search was authorized or had sufficient legal coverage. Poorly founded flagrancy can invalidate decisive evidence.
MITIGATING FACTOR OF DAMAGE REPAIR
Art. 21.5ª CP recognizes as a mitigating factor having the guilty party proceeded to repair the damage caused before the oral trial. In property crimes such as robbery and theft, the return of stolen items or compensation to the victim may result in a sentence reduction by one or two degrees. This strategy, well executed and documented, transforms a potential prison sentence into a suspended sentence or fine.
PLEA AGREEMENT IN FAST-TRACK TRIAL
Robbery and theft crimes are frequently processed as fast-track trials (arts. 795-803 LECrim). In this procedure, the accused can reach a plea agreement with the prosecution that, if the sentence does not exceed 3 years, may carry a one-third reduction. We evaluate whether the proposed plea agreement is advantageous or if it is preferable to go to ordinary trial, analyzing the strength of the evidence and the real possibilities of acquittal.
NULLITY OF POLICE SEARCH
The search of the person or home without consent or judicial warrant may violate arts. 18.2 and 18.3 CE, resulting in the nullity of evidence obtained (fruit of the poisonous tree doctrine, art. 11.1 LOPJ). We examine whether the pat-down, vehicle search or home entry had legal or judicial coverage. Evidentiary nullity can determine acquittal when the prosecution is based solely on the stolen object found in possession of the detainee.
SUSPENDED SENTENCE FOR FIRST-TIME OFFENDERS
If the convicted person has no criminal record and the imposed sentence does not exceed 2 years in prison, art. 80 CP allows the suspension of sentence execution. In thefts and minor burglaries, this avenue avoids actual imprisonment. We condition the suspension on compliance with commitments such as damage repair, participation in training programs or prohibition of approaching certain places. We fully manage the suspension file.
THEFT-ROBBERY DISTINCTION AS STRATEGY
The reclassification from robbery to theft is one of the defense strategies with the greatest impact on sentencing. If the facts were initially classified as robbery with force but the «force» used does not meet the requirements of art. 238 CP (breaking, climbing, false keys, disabling of systems), the conduct can be reclassified as simple theft, with significantly lower penalties. We analyze the police report and photographic evidence to demonstrate that there was no typical force in the criminal law sense.
Frequently asked questions about robberies and thefts
Property crimes raise many questions, especially when the arrest was immediate or when the defendant has no prior record. We address the most common ones.
Each case has its own particular circumstances: the amount stolen, the method of execution, the defendant’s criminal history, and the strength of the evidence completely determine the strategy to follow. Contact us for an individualized analysis.
What is the difference between robbery and theft?
The essential difference lies in the method of execution. Theft (arts. 234-236 CP) consists of taking another’s property with intent to profit without using force or violence. Robbery (arts. 237-244 CP) incorporates the element of force against property (burglary) or violence or intimidation against persons (armed robbery). This distinction determines radically different sentencing frameworks: from fines or up to 18 months for theft, to 2-5 years for violent robbery.
What is the sentence for burglary?
Burglary (art. 240 CP) is punishable by 1 to 3 years imprisonment. If the burglary is committed in an inhabited dwelling, building or premises open to the public, or with weapons, the sentence is increased to 2 to 5 years (art. 241.1 CP). The presence of generic aggravating circumstances—recidivism, premeditation, abuse of superiority—may increase the sentence by one degree. Proper challenge of the methods of force employed is decisive for the final classification.
What are the consequences of petty theft?
Petty theft (art. 234.2 CP), when the value of stolen goods does not exceed 400 euros, is punishable by a fine of 1 to 3 months. It is a minor offense, which means it does not generate a criminal record in the Central Registry once the sentence is served and the cancellation periods have elapsed. However, if the perpetrator already has previous convictions for theft offenses, art. 235.1.7ª CP may elevate the conduct to aggravated theft, with a sentence of 1 to 3 years imprisonment.
I've been arrested for shoplifting, what do I do?
The first thing is not to make a statement to police without a lawyer. You have the right to legal assistance from the moment of detention (art. 520 LECrim). Shoplifting with a value under 400 euros is usually processed as a minor offense, but if the security guard made any type of detention or used force, or if police intervened with a search, it’s worth reviewing whether all your rights were respected. Contact a criminal defense attorney immediately to evaluate the police report and seizure proceedings.
Can I avoid a criminal record if convicted of theft or robbery?
It depends on the sentence imposed. If you have no prior record and the sentence does not exceed 2 years imprisonment, you can request suspension of execution (art. 80 CP), which avoids going to prison. Criminal records are automatically cancelled once the sentence is served and the periods under art. 136 CP have elapsed (6 months for minor sentences, 2 years for sentences up to 1 year, etc.). A criminal defense attorney can manage record cancellation and sentence suspension to minimize long-term impact.
Why work with a robbery and theft specialist attorney in Madrid
Robbery and theft crimes may seem «minor» within criminal law, but their real consequences —criminal record, imprisonment, job loss— are very serious. The difference between good and poor defense can mean years in prison or a suspended sentence that doesn’t disrupt your life.
At Victor Avila Abogados we have spent years defending people accused of property crimes in Madrid and throughout Spain. We have detailed knowledge of arts. 234 to 244 of the Criminal Code, Supreme Court jurisprudence on the elements of the offense, and the most effective defense strategies: nullification of searches, reclassification of conduct, mitigating factors for damage reparation, and management of advantageous plea agreements in fast-track trials.
Our work begins at the moment of arrest. Legal assistance to the detainee is the first and most important shield against a misdirected accusation. A police statement without legal assistance can compromise the entire defense. We act 24 hours.
- Defense from arrest: assistance to detainees at police stations and duty courts
- Police report analysis: identification of irregularities, evidentiary nullities and excesses in searches
- Classification strategy: robbery vs. theft, basic vs. aggravated offense, assessment of mitigating factors
- Plea agreement management: evaluation of agreements in fast-track trials and one-third sentence reduction
- Suspension and cancellation of criminal records: complete processing to avoid long-term consequences
If you face arrest or a fast-track trial for robbery or theft, contact our criminal defense law firm in Madrid. We will evaluate the classification of the facts to avoid severe penalties and design a tailored defense strategy.
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