Robbery with Force vs. Robbery with Violence: Differences and Penalties
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listIn this article
lightbulbKey Takeaways
- check_circleForce on property (1-3 years)
- check_circleViolence against people (2-5 years)
- check_circleThe use of weapons
- check_circleMitigating factor of lesser seriousness
Quick answer
Robbery with force on property (Arts. 237-241 CP) requires breaking or forcing a physical element to reach the place or take the object (a lock, a window, an alarm, a false key) and is punished with 1 to 3 years in prison. Robbery with violence or intimidation against people (Art. 242 CP) is punished with 2 to 5 years in prison, rising to 3 years and 6 months to 5 years if a weapon is displayed. If entry was made without breaking anything and without violence, the offence is theft, with a much lower penalty.
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In the Spanish Criminal Code, the distinction between force on property and violence or intimidation against people marks the difference between a moderate penalty and a serious one. Our lawyers experienced in robbery offences in Madrid can help you with this type of situation.
Robbery with Force on Property (Arts. 237-241 CP)
This occurs where, in order to reach the place or take the object, some physical element is broken or forced. Penalty: 1 to 3 years in prison.
Examples:
- Smashing a shop window or a window.
- Forcing a door lock.
- Disabling the alarm.
- Using a false key or a picklock.
Key defence point: if the door was open or entry was made without breaking anything, it is not robbery with force, it is theft (a much lower penalty).
Robbery with Violence or Intimidation (Art. 242 CP)
This occurs where someone is physically attacked or threatened in order to obtain the loot or to flee. Penalty: 2 to 5 years in prison.
Examples:
- "Give me the money or I'll stab you" (intimidation).
- Pushing the security guard to escape (violence).
- Snatching a bag and dragging the victim along.
Key defence point: questioning the extent of the violence. If it was a "slight struggle" with no injuries, the mitigating factor of lesser seriousness can be requested.
The Use of Weapons
If a weapon (a knife, a replica handgun) is displayed in a robbery with violence, the penalty rises to 3.5 to 5 years in prison.
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