Robbery with Force vs. Robbery with Violence: Differences and Penalties
In this article
Key Takeaways
- Force on property (1-3 years; 2-5 in an inhabited home)
- Violence against people (2-5 years)
- The use of weapons
- Lesser seriousness: one degree lower (Art. 242.4)
Robbery with force on property (Arts. 237-241 CP) requires one of the forms of force in Art. 238 (climbing in, breaking, false keys, disabling alarms) and is punished with 1 to 3 years in prison, or 2 to 5 in an inhabited home or premises open to the public (Art. 241.1). Robbery with violence or intimidation (Art. 242 CP) is punished with 2 to 5 years, in its upper half if a weapon is used. Without such force or violence, it is theft.
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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 one of the forms of force in Art. 238 CP is present: climbing in, breaking, using false keys (including lost or stolen genuine keys, cards and remote openers) or disabling alarms. Penalty: 1 to 3 years in prison for the basic offence (Art. 240.1). In an inhabited home or premises open to the public (Art. 241.1), or with a circumstance of Art. 235 (Art. 240.2), 2 to 5 years; and if especially serious (Art. 241.4), 2 to 6.
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 none of the forms of force in Art. 238 is present (for example, the door was open and there was no climbing in or false key), 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 penalty one degree lower under Art. 242.4 CP can be requested on account of the lesser seriousness of the violence.
The Use of Weapons
If a weapon or another equally dangerous object (a knife, for instance) is used in a robbery with violence, the penalty is imposed in its upper half: 3 years and 6 months to 5 years in prison (Art. 242.3 CP).
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Official text: article 237 of the Spanish Criminal Code (BOE)
Frequently asked questions
What is the penalty for robbery with force on property?
1 to 3 years in prison for the basic offence (Art. 240.1 CP). In an inhabited home or premises open to the public (Art. 241.1), or with a circumstance of Art. 235 (Art. 240.2), 2 to 5 years; and if especially serious (Art. 241.4), 2 to 6. It applies where, in order to reach the place or take the object, someone climbs in, 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 or another equally dangerous object (a knife, for instance) is used, the penalty rises to 3 years and 6 months to 5 years in prison (Art. 242.3 CP).
What if I entered without breaking anything and without using violence?
If none of the forms of force in Art. 238 CP is present (climbing in, breaking, false keys, disabling alarms) and there is no 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 ask for the penalty one degree lower under Art. 242.4 CP on account of the lesser seriousness of the violence.
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This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.