Robbery with Force vs. Robbery with Violence: Differences and Penalties
In this article
Key Takeaways
- Force on property (1-3 years)
- Violence against people (2-5 years)
- The use of weapons
- Mitigating factor of lesser seriousness
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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Frequently asked questions
What is the penalty for robbery with force on property?
1 to 3 years in prison. It applies where, in order to reach the place or take the object, a shop window or window is smashed, a lock is forced, an alarm is disabled, or a false key or picklock is used (Arts. 237-241 CP).
What is the penalty for robbery with violence or intimidation?
2 to 5 years in prison (Art. 242 CP). It applies where someone is physically attacked or threatened to obtain the loot or to flee, as in snatching a bag while dragging the victim along, or threatening someone to hand over money.
Does the penalty increase if a weapon is used in a robbery with violence?
Yes. If a weapon (a knife, a replica handgun) is displayed in a robbery with violence, the penalty rises to 3 years and 6 months to 5 years in prison.
What if I entered without breaking anything and without using violence?
If the door was open or entry was made without forcing anything and without violence or intimidation, the offence is not robbery but theft, with a considerably lower penalty. Reclassifying the offence is a common defence approach.
Can the penalty be reduced if the violence was minimal?
Yes, the extent of the violence can be challenged. If there was only a slight struggle with no injuries, the defence can request the mitigating factor of lesser seriousness, which allows the criminal response to be reduced.
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