Criminal Lawyers for Minor Coercion

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 offense (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.

Defense Strategies

Our defense approaches include: arguing the conduct was too trivial to constitute a criminal offense (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.