Criminal Defense Attorney for Threats and Coercion in Madrid
Specialized defense for threats, coercion, blackmail, unlawful detention and kidnapping. Criminal defense attorney in Madrid with experience in crimes against freedom.
Criminal defense attorney in Madrid specializing in threats and coercion offenses
If you have been a victim or are facing charges for threats or coercion, it is important to have an attorney who is well-versed in this type of criminal proceedings. Crimes against liberty can have significant consequences, both personally and legally, which is why proper legal defense from the very first moment is essential. Situations such as blackmail, repeated intimidation, or conditional threats require immediate legal intervention to protect your rights.
At our law firm in Madrid, led by criminal defense attorney Víctor Ávila, we defend individuals under investigation or charged with crimes against liberty, such as threats, coercion, unlawful detention, or kidnapping.
Each case requires individualized analysis and a specific legal strategy. Our work consists of studying the facts, analyzing existing evidence, and building a solid defense that protects your rights throughout the entire criminal proceeding.
If you need to report a situation involving threats or defend yourself against charges, having a threats attorney in Madrid specialized in crimes against liberty can make the difference in the outcome of the proceeding.
How can a lawyer help you with a threats offense?
The threats offense is regulated in articles 169 to 171 of the Criminal Code. Threats consist of intimidating someone with causing harm to their person, property or family. There are different types of threats:
- Conditional threats: The execution of the harm is conditioned on the victim complying with a demand.
- Unconditional threats: There is no established condition.
Depending on the severity of the facts and the circumstances of the case, the criminal procedure can be processed through fast-track trial or through preliminary proceedings. Having a criminal defense attorney in Madrid who specializes in threats offenses allows for proper analysis of the situation and preparation of the appropriate defense.
Penalties for threats offense in Spain
The Criminal Code establishes different penalties based on the type and severity of the threats:
- Serious unconditional threats (art. 169 CP): prison sentences of 1 to 5 years when threatening to cause harm constituting a serious crime (homicide, injuries, arson, torture, against sexual freedom, etc.).
- Serious conditional threats (art. 169 CP): prison sentences of 1 to 5 years, which may be higher if the imposed condition consists of a monetary amount or reward.
- Minor threats (art. 171 CP): penalties of 6 to 12 months fine. If directed against a partner or ex-partner, the penalties are aggravated with prison sentences of 6 months to 1 year.
- Blackmail or threat to reveal facts (art. 171.2 CP): when
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Crime of Coercion
The crime of coercion is regulated in Article 172 of the Criminal Code. Coercion consists of compelling another person, through force or intimidation, to do something against their will or to prevent them from exercising a legitimate right. The crime of coercion in the Criminal Code aims to protect people’s freedom of action and will.
Penalties for the Crime of Coercion
Article 172 of the Criminal Code establishes the following penalties for the crime of coercion:
- Basic coercion (art. 172.1 CP): penalty of imprisonment from 6 months to 3 years or fine from 12 to 24 months, depending on the severity of the coercion and the means employed.
- Minor coercion (art. 172.3 CP): penalty of fine from 1 to 3 months. If the victim is the partner or ex-partner, the penalty is aggravated to imprisonment from 6 months to 1 year.
- Coercion regarding strikes or trade union freedom: constitutes an aggravated offense with higher penalties.
The difference between coercion and threats can be very subtle in practice. An expert coercion attorney must carefully analyze the facts to determine the correct legal classification and design the most effective defense.
Crime of harassment or stalking
The crime of harassment or stalking is regulated under article 172 ter of the Criminal Code, introduced by the 2015 reform. This offense includes conduct such as persistently and repeatedly following or surveilling a person, which constitutes a serious intrusion on their freedom. It also includes conduct such as attempting to establish contact with the victim through any means of communication, improperly using their personal data, or threatening their freedom or property.
Penalties for the crime of stalking range from 3 months to 2 years imprisonment or a fine of 6 to 24 months. If the victim is particularly vulnerable or is a current or former partner, the penalties are increased. Additionally, the judge may impose a restraining order as a precautionary measure or as part of the sentence.
Crime of unlawful detention and kidnapping
The crime of unlawful detention, regulated in Article 163 of the Spanish Criminal Code, consists of depriving a person of their freedom of movement without a legal cause to justify it. This is a serious offense that violates the fundamental right to personal freedom, protected by the Spanish Constitution.
Types of Unlawful Detention:
- Kidnapping: The detention includes the use of threats, violence, or a ransom demand to release the victim.
- Simple detention: No ransom is demanded nor violence exercised, but the person’s freedom is restricted unjustifiably.
If you face charges for unlawful detention or kidnapping, it is essential to act with specialized criminal legal counsel from the very first moment. Also learn about what a criminal trial in Spain is like to understand the stages of the procedure.
Specialists in Fast-Track Trial Defense for Threats
Many proceedings for threat offenses are processed through fast-track trials, especially when the alleged perpetrator is caught in the act or the investigation is straightforward. The fast-track trial is characterized by its immediacy: from detention to trial hearing, only a few hours may pass.
In a fast-track trial for threats, having a criminal defense attorney from the very first moment is crucial. The decisions made in the first hours of the proceedings determine the final outcome:
- Assistance during police questioning: the attorney advises the suspect on their right to remain silent and the strategy to follow at the police station.
- Statement before the Duty Court: preparation of the suspect’s statement before the investigating judge.
- Plea agreement or oral trial: analysis of whether it is advisable to reach a plea agreement with the Public Prosecutor’s Office or if it is preferable to go to oral trial to achieve acquittal.
- Precautionary measures: defense against possible restraining orders or other restrictions that may be imposed.
If you have been arrested or summoned for a threat offense and are facing a fast-track trial, it is essential that a criminal defense attorney in Madrid reviews your case immediately to prepare the best possible defense.
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Real client reviews of the firm after hiring our services as criminal defense attorneys in Madrid.
Criminal defense attorney in Madrid for threats and coercion offenses
Proceedings for threats, coercion or crimes against freedom can have serious consequences, both criminal and personal. Therefore, it is essential to have adequate legal defense from the beginning of the proceedings.
At our law firm in Madrid, we analyze each case with legal rigor to determine:
- Whether the facts actually fit the reported criminal offense
- Whether there is sufficient evidence to support the accusation
- What defense strategy is most appropriate
If you have been reported for threats or coercion, or need legal advice to report such a situation, you can contact our firm. A criminal defense attorney in Madrid specializing in crimes against freedom can study your case and help you face the proceedings with the appropriate legal strategy.
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Articles and resources on threat offenses, coercion, and crimes against freedom in Spain.
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