Criminal Defense Lawyers in Prohibited Bladed Weapons
Defense in possession of switchblades, daggers, and illegal knives.
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When is Carrying a Knife a Crime?
Most knife seizures end in an administrative fine (Gag Law). However, possession of prohibited weapons is always a crime (Art. 563 CP), with a prison sentence of 1 to 3 years. It is vital to distinguish between a regulated weapon (fine) and a prohibited one (prison).
Prohibited Weapons
The Weapons Regulation expressly prohibits a closed list of bladed weapons whose mere possession or carrying constitutes the offence of possession of prohibited weapons (Art. 563 CP): switchblades (spring-loaded), butterfly knives, stilettos and double-edged daggers, machetes and any blade exceeding 11 cm without a justified domestic, professional or sporting use, as well as disguised weapons (sword canes, knuckle dusters). By contrast, manual single-edged knives with a blade under 11 cm and common tools are not prohibited weapons, and their possession is in itself lawful. The first task in any case is to determine whether the seized object actually falls within this prohibited list.
- Switchblades (spring-loaded).
- Daggers (double-edged and <11cm blade).
- Disguised weapons (sword canes, knuckle dusters).
- Manual opening knives with single edge.
- Kitchen knives or tools.
- Carrying in public without justification = Administrative Sanction.
Fine vs Crime
The decisive distinction is between mere possession and public carry. Keeping a kitchen knife, an agricultural machete or a collection of historical blades at home is, as a general rule, lawful. The problem arises with carrying in a public place: carrying a non-prohibited knife without justification may be a serious administrative infringement (fine of 601 to 30,000 euros) under the Citizen Security Law, but not necessarily a crime. The line crosses into the criminal sphere when the weapon is one of the prohibited ones, or when it is carried with intent to attack. Context and intention are therefore determinative, and at a police checkpoint the burden of justifying the carry falls on the person carrying it.
Court Defense
If accused of a crime for carrying a bladed weapon, we argue:
- Prohibition Error: Rational belief that the object (e.g., knife bought at a gas station) was legal.
- Absence of Danger: The weapon was in the trunk, in a box, far from reach, with no risk to others.
- Object Nature: Expert analysis to prove it does not fit the technical definition of "prohibited weapon" (e.g., the opening system is not automatic, or the blade is under 11 cm).
- Reclassification to Infringement: Arguing the object is regulated, not prohibited, replacing prison with an administrative fine.
- Legitimate Use: Professional or sporting purpose (cooking, fishing, hunting, mountaineering) with no offensive intent.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty (Art. 563 CP) | Penalty established by the Criminal Code for this offence type. |
| 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
Weapon Classification
Fighting to classify it as a regulated weapon (fine) and not prohibited (crime).
Work/Sport Use
Justifying carrying for work, hunting, or sport reasons.
Seizure Nullity
Challenging the legality of the police search.
Illegal Weapons Possession in Spain: Arts. 563-568 CP — Defense Guide
Weapons offenses in Spain are governed by Articles 563 through 568 of the Criminal Code and the Weapons Regulations (Royal Decree 137/1993). Penalties vary dramatically depending on the weapon category — from fines for minor regulatory infractions to up to 6 years' imprisonment for war weapons. The classification of the weapon and the existence of a valid license are the two decisive factors in every case.
Penalty Table: Weapons Offenses
| Offense | Article | Penalty |
|---|---|---|
| Regulated firearms without license | Art. 564 | 1 – 2 years |
| Short firearms (pistols) without license | Art. 564.1.1° | 1 – 2 years |
| Long firearms (rifles) without license | Art. 564.1.2° | 6 months – 1 year |
| Prohibited weapons / modified weapons | Art. 563 | 1 – 3 years |
| War weapons possession | Art. 566 | 3 – 6 years |
| Manufacturing without authorization | Art. 568 | 1 – 3 years |
| Weapons trafficking | Art. 566.1 | 5 – 10 years |
| Weapons stockpiling (depósito) | Art. 566.1 | 5 – 10 years |
Core Defense Strategies
Weapon Classification Challenge
The difference between a 'prohibited weapon' (Art. 563, 1-3 years) and a 'regulated weapon without license' (Art. 564, 6 months-2 years) can halve the sentence. Expert ballistic assessment is critical to reclassify the weapon.
Licensing & Regulatory Defense
Expired licenses, pending renewal applications, or inherited weapons without updated paperwork can negate criminal intent. We prove the administrative nature of the situation to avoid criminal prosecution.
Lack of Criminal Intent (Dolo)
Possessing an inherited, inoperative, or decorative weapon without knowledge of its illegality can constitute an absence of criminal intent — the essential element for conviction under Arts. 563-564 CP.
Chain of Custody & Search Legality
Weapons seized during illegal searches, without warrant, or with broken chain of custody are inadmissible evidence. We challenge every procedural irregularity to secure acquittal or exclusion of evidence.
Why Choose Us?
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