Robbery with Force vs Robbery with Violence: Differences and Penalties
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listIn this article
lightbulbKey Takeaways
- check_circleForce vs violence
- check_circleFalse keys and picklocks
- check_circleThe inhabited-dwelling aggravating factor
- check_circleDangerous instruments
Quick answer
Robbery with force on property (breaking a lock or a window, or using false keys to reach the place) is punished with 1 to 3 years in prison. Robbery with violence or intimidation against people is more serious: 2 to 5 years in prison, regardless of the value of what is taken. If weapons or dangerous objects are used in a robbery with violence, the penalty is imposed in its upper half. Robbery in an inhabited house raises the penalties (2 to 5 years with force; 3 years and 6 months to 5 years with violence).
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In everyday language we use "robbery" for everything, but in the Criminal Code the distinction is vast. Robbery is distinguished from theft by the manner of commission (force or violence), and among the types of robbery, the penalties vary drastically. A precise technical defence can mean the difference between liberty and years in prison. Our criminal lawyers experienced in robbery offences in Madrid can help you with this type of situation.
Robbery with Force on Property
This occurs where, in order to reach the place where the object is or to leave it, a wall is broken down, a lock is forced, a window is smashed, or false keys (or picklocks) are used. The basic penalty is 1 to 3 years in prison. An important nuance: if the breaking is done to the object itself in order to take it (e.g. cutting a bike lock in the street), lower-court case law sometimes classes it as theft with criminal damage, not robbery with force (which requires force to reach the place). Fighting this classification is vital.
Robbery with Violence or Intimidation
This is the most serious form. It occurs where physical force is used against people (hitting, pushing) or intimidation (threatening with a weapon, or verbally in a credible manner) to commit the robbery or to flee with the loot. The penalty rises to 2 to 5 years. Here the value of what is stolen matters little; robbing 5 euros at knifepoint is robbery with violence.
Inhabited Dwelling: The Red Line
Robbery in an inhabited dwelling is a hyper-qualified offence. If you enter a home (even if the owners are on holiday), the penalty is 2 to 5 years (force) or 3.5 to 5 years (violence). Note: a storage room or a communal garage is not always an "inhabited dwelling" — it depends on whether it has a direct connection to the home. Disputing the "habitability" of the space is a common defence strategy.
The Use of Weapons
If weapons or dangerous objects are used in a robbery with violence, the penalty is imposed in its upper half. As a defence, we dispute the concept of a "dangerous instrument": is a wrench a weapon? And a screwdriver? It depends on how it is used.
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