Property Crime Defense Lawyers

In these cases the court's first decision is not about guilt but about classification, and that is where almost everything is settled. Whether the same facts are treated as theft, robbery with force, robbery with violence, misappropriation or fraud depends on concrete details — how entry was gained, whether the force met the statutory definition, whether the item was received earlier under a valid title, whether there was prior deception — and each classification opens a different sentencing range. Two levers then operate on that basis, and both are handled in the first weeks: compensating the loss through a judicial deposit, which can be treated as a highly qualified mitigating factor, and the valuation of the item, which at the 400-euro threshold separates a minor offence from a less serious one.

• Challenge the valuation of the item from the outset. The valuation in the complaint is usually the retail price, not the item's real value at the time. A counter-valuation can cross the threshold separating a minor offence from a less serious one.
• Use a judicial deposit if you intend to compensate. Paying the injured party directly is produced as an admission and is not always credited. A deposit into the court's account is what evidences compensation for the purposes of Art. 21.5 CP.
• Reconstruct how entry or handover actually happened. Photographs of the lock, the purchase receipt, a deposit agreement or the message handing the item over. That detail decides between theft, robbery with force and misappropriation.
• Do not testify about ownership without documenting it. Asserting a right over the item without supporting paperwork consolidates the profit motive. With documentation, by contrast, the matter may fall outside criminal law altogether.

This page is the index of the property offences of Title XIII of the Spanish Criminal Code (Arts. 234-304 CP). Each offence below has its own page with the sentencing range, the case law and the defence strategy; use this page to find the right one and go straight to it.

Theft (Arts. 234-236 CP) is taking another's movable property without force on things and without violence: up to 400 euros it is a minor offence punished with a fine, and above that threshold, or where an aggravation of Art. 235 CP applies, it becomes 1 to 3 years in prison. Since Organic Law 1/2026 a fourth minor theft by a repeat offender carries 6 to 18 months. See theft and petty theft and shoplifting.

Robbery with force on things (Arts. 238-241 CP) requires entering or leaving the place through one of a closed list of forms: scaling, breaking, forcing cabinets, false keys or disabling alarms. The basic offence carries 1 to 3 years (Art. 240.1 CP), rising to 2 to 5 years in an inhabited dwelling or premises open to the public (Art. 241.1 CP). See robbery, robbery with force and robbery in an inhabited dwelling.

Robbery with violence or intimidation (Art. 242 CP) is a separate offence: 2 to 5 years in the basic form, 3 years and 6 months to 5 years in an inhabited dwelling or premises open to the public, the upper half where weapons are used, and one degree lower where the violence is of minor entity. See robbery with violence, and theft vs robbery if you are unsure which side of the line your case falls on.

The rest of the Title. Squatting and usurpation (Arts. 245-247 CP) on squatting; criminal damage and arson (Arts. 263-267 CP) on criminal damage; handling stolen goods (Art. 298 CP) on receiving stolen goods; and the economic branch of the Title — fraud (Arts. 248-251 bis), money laundering (Arts. 301-304) and corporate offences (Arts. 290-297). If you have been arrested, call +34 91 078 65 74 before making any statement.