Illegal Occupation (Okupas)
Defense of owners against illegal occupations and criminal defense in usurpation proceedings.
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.
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.
Need Immediate and Expert Legal Assistance?
The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.