Criminal Defense Lawyers in Illegal Occupation (Okupas)
Defense of owners against illegal occupations and criminal defense in usurpation proceedings.
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Trespassing or Usurpation?
The distinction is vital. If they occupy your habitual residence or second home, it is a crime of Trespassing (prison). Police can and must evict immediately due to flagrant delict. If it is an empty property (bank, vulture fund), it is Usurpation (minor offense, fine).
Defense in Minor Usurpation Offense
We defend people accused of occupying empty properties out of necessity. Our strategy is based on proving the "absence of violence" to avoid prison sentences and turn the case into a civil eviction procedure, which is much slower, gaining housing time.
For Owners: Precautionary Measures
As private prosecution, we request the criminal judge for the "Precautionary Eviction Measure" from the admission of the complaint, without waiting for trial (Prosecutor's Instruction 1/2020). We prove ownership and prejudice to recover possession in weeks, not years.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty | Penalty established by the Criminal Code for illegal occupation (okupas). |
| Fines and Ancillary Penalties | Fines and special disqualification provided by the Criminal Code. |
| 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.
Our Defense Strategy
Precautionary Eviction
Recovery of the home before the criminal trial.
State of Necessity
Exemption for vulnerable families in usurpation cases.
Precario
Divert the case to civil court arguing initial tolerance of the owner.
Trespassing Complaint
Criminally pursue occupation of second homes.
Guide to Property Crimes in Spain: Defense Strategies
Property crimes (Crimes Against Assets) are regulated in Title XIII of the Spanish Criminal Code (Art. 234-304). These offenses range from petty theft to complex economic fraud, with penalties varying greatly depending on the amount involved, the method used, and any aggravating circumstances.
Key Distinctions: Theft, Robbery, and Fraud
| Offense | Article | Key Element | Basic Penalty |
|---|---|---|---|
| Minor Theft (Hurto leve) | Art. 234.2 | <400€, no force | Fine 1-3 months |
| Theft (Hurto) | Art. 234.1 | >400€, no force | 6 months – 18 months |
| Aggravated Theft (Art. 235) | Art. 235 | Special items/multi-recidivist | 1 – 3 years |
| Robbery with Force | Art. 240 | Breaking in/tools | 1 – 3 years |
| Robbery with Violence | Art. 242 | Direct threat/intimidation | 2 – 5 years |
| Fraud (Estafa) | Art. 249 | Deception + financial harm | 6 months – 3 years |
Main Defense Strategies in Property Crimes
Challenge the Animus Lucrandi
Demonstrate that the accused had no intent to profit — a valid defense in alleged theft cases.
Contest Valuation
Dispute how the value of the stolen item was assessed. Below €400 = minor offense with much lower penalties.
Prior Consent or Ownership Claim
In disputes between acquaintances, prove the accused believed they had a right to the item.
Recidivism Analysis
Many aggravated theft charges rely on prior criminal record. Challenge the computation of prior offenses.
Chain of Custody (Receiving Stolen Goods)
Challenge the prosecution's evidence that the accused knew the items were stolen.
Error of Type Defense (Fraud)
In commercial fraud cases, demonstrate that the accused genuinely believed their representations were true.
Critical: Time Limits for Evidence
In property crimes, digital evidence (CCTV footage, mobile location data) is often deleted within 30 days. Contacting a specialist lawyer immediately after arrest or charge is essential to preserve exculpatory evidence.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.