Criminal Lawyers for Minor Coercion
Defence against minor or light coercion charges between individuals.
Coercion (Art. 172 of the Spanish Criminal Code (CP)) punishes anyone who, without lawful authority, uses violence to prevent another person from doing what the law does not forbid, or forces them to do something against their will. Its minor form (Art. 172.3 CP) is a minor offence, carrying only a fine of 1 to 3 months; the basic offence carries imprisonment of 6 months to 3 years or a fine of 12 to 24 months. If the victim is or was the offender's partner, the coercion is instead punished with imprisonment of 6 months to 1 year (Art. 172.2 CP) plus deprivation of the right to possess weapons, and the Court for Violence against Women takes charge of the case. In the defence, we distinguish coercion from threats, which announce a future harm, or from stalking under Art. 172 ter CP, which requires repetition: reclassifying the facts without timely notice can infringe the right to know what one is accused of.
Minor coercion (coacciones leves) refers to light forms of compulsion that do not reach the severity of basic coercion. Since the 2015 Criminal Code reform, minor coercion is classified as a minor offence (delito leve) under Article 172.3 CP, carrying a maximum penalty of a fine of 1 to 3 months. However, in the family context, even minor coercion is treated as a full crime with imprisonment.
Boundary Definition
The critical legal question is where the boundary between a disagreement and a crime lies. Examples of conduct that may constitute minor coercion: blocking someone's path, snatching objects from someone's hands, cutting off a phone call, standing in a doorway to prevent exit, or persistent unwanted contact. Each case requires careful analysis of whether the conduct truly compelled the victim to act against their will.
Penalties and the Family Context (Art. 172 CP)
Basic coercion (Art. 172.1 CP) — preventing another by force from doing what the law does not prohibit, or compelling them to do what they do not want — carries imprisonment of 6 months to 3 years or a fine of 12 to 24 months. Minor coercion (Art. 172.3 CP) covers slight cases and is punished only with a fine of 1 to 3 months. Where the victim is or was the offender's spouse or partner, or an especially vulnerable person in the household, Art. 172.2 CP treats the coercion as a full crime with imprisonment and protective measures. The correct classification—basic, minor or aggravated—determines whether the case ends in a fine or a custodial sentence.
Defence Strategies
Our defence approaches include: arguing the conduct was too trivial to constitute a criminal offence (de minimis principle); proving the interaction was mutual and consensual; demonstrating the complainant's version is exaggerated through witness testimony or video evidence; arguing legitimate exercise of rights (e.g., a landlord asking a tenant to leave is not coercion); and seeking case dismissal on proportionality grounds.
Penalties & Consequences: Minor Coercion
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty | Penalty established by the Criminal Code for minor coercion. |
| Fines and Ancillary Penalties | Fines and special disqualification linked to Minor Coercion. |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
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