Threats with a Bladed Weapon or Firearm: the Offence under Art. 169 CP

Threats made with a weapon — a bladed weapon or a firearm — are one of the most common forms of the offence of threats under art. 169 CP. It is worth clarifying from the outset: the Criminal Code does not regulate an autonomous offence of "threats with a weapon". What displaying or using a weapon does is reinforce the seriousness and credibility of the threat, which usually determines that it is classified as a serious threat (an offence) rather than a minor threat, and that the sentence is individualised towards the upper end of the statutory range. As criminal defence lawyers specialising in threats with a weapon, we explain how the offence works, the penalties, and the defence.

The Offence of Threats under Art. 169 CP

Art. 169 CP punishes anyone who threatens another with causing them, their family, or people with whom they are closely linked, a harm that constitutes an offence (homicide, bodily harm, offences against liberty, moral integrity, sexual freedom, privacy, honour, or property). The announced harm must be future, unlawful, specific, and credible, and must depend on the will of the person making the threat. Displaying a knife or a gun is precisely what gives the threat that appearance of seriousness and capacity to intimidate.

Penalties for a Threat Made with a Weapon

Art. 169 CP distinguishes according to whether the threat is conditional or not:

• Conditional threat (169.1): when a sum of money is demanded or a condition is imposed. If the perpetrator achieves their purpose, imprisonment of one to five years; if not, imprisonment of six months to three years.
• Non-conditional threat (169.2): imprisonment of six months to two years.

The penalties under section 169.1 are imposed in their upper half when the threats are made in writing, by telephone, or by any means of communication or reproduction, or in the name of real or supposed entities or groups. Using the weapon is not, in itself, one of these statutorily defined aggravating factors, but it is a factor the court weighs when individualising the sentence (art. 66 CP) and, above all, when deciding whether the threat is serious or minor.

The Line between a Serious Threat and a Minor Threat

The difference between a serious threat (an offence under art. 169 CP) and a minor threat (art. 171 CP) depends on the seriousness of the announced harm, the seriousness and persistence of the conduct, and the context. Displaying a weapon is one of the clearest indicators of seriousness: it reinforces the credibility of the announcement and its capacity to override the victim's will. That is why threatening while showing or brandishing a weapon tends to be classified as the offence of threats and not as the minor threat under art. 171.7 CP.

Threats with Weapons within the Family (Art. 171.5 CP)

The area of domestic and gender violence has its own rule. Art. 171.5 CP punishes anyone who, in a minor way, threatens with weapons or other dangerous instruments the persons covered by art. 173.2 CP (members of the family unit and vulnerable persons living together, with the exception of the scenario under 171.4 concerning partners). The penalty is imprisonment of three months to one year or community service of thirty-one to eighty days and, in all cases, deprivation of the right to possess and carry weapons for one to three years. That penalty is imposed in its upper half if the act is committed in the presence of minors, at the shared home or the victim's home, or in breach of a sentence or precautionary measure. We develop the circle of protected persons under this provision, the wording of its penalty, and its boundary with the minor offence under art. 171.7 CP in the section on minor threats with weapons under art. 171.5 CP of our guide to article 171 CP.

Concurrence with Illegal Possession of Weapons

If the weapon used was possessed illegally, the threat may be tried alongside an offence of illegal possession of weapons. Possessing a regulated firearm without a licence is punished under art. 564 CP, and possessing prohibited weapons under art. 563 CP. In these cases, the proceedings try two separate offences together: the threat under art. 169 CP and the illegal possession of the weapon. You can find more information on this offence on our illegal possession of weapons page.

Lines of Defence

The criminal defence against an accusation of threats with a weapon is built on several fronts:

• Absence of a typical threat: arguing that the words were not a genuine threat of a future and credible harm, but an expression uttered in the heat of an argument, without any real capacity to intimidate.
• Suitability of the object: examining whether what was displayed was truly a weapon or a dangerous instrument, and whether its presence was capable of intimidating.
• Classification as a minor threat: redirecting the facts, where appropriate, to art. 171 CP instead of art. 169 CP.
• Evidence: examining the reliability of the victim's testimony, the actual seizure of the weapon, and the consistency of the account.

Each case requires an individualised review of the evidence, without anticipating outcomes and with full confidentiality.

Criminal Defence in Threats-with-a-Weapon Cases

Criminal defence firm Alonso Sala, based in Madrid (Calle Velázquez 27) and covering the whole of Spain, handles the defence in proceedings for threats made by displaying or using weapons, both in ordinary cases and in cases of domestic and gender violence. We analyse whether the threat existed, its seriousness, any possible concurrence with illegal possession, and the available evidence. You can find more information on our criminal defence for threats with a weapon page.