Property Crime Defense Lawyers

Crimes against property and socio-economic order (Title XIII of Book II of the Spanish Criminal Code, Arts. 234-304) constitute the largest and most heterogeneous criminal group in the Spanish criminal system. The protected legal interest is property and other patrimonial rights, as well as the socio-economic order in a broad sense. The catalogue covers theft (Arts. 234-236), robbery (Arts. 237-242), extortion (Art. 243), vehicle theft and theft of use (Arts. 244), usurpation (Arts. 245-247), fraud (Arts. 248-251 bis), misappropriation and unfair administration (Arts. 252-254), damages (Arts. 263-267), punishable insolvencies (Arts. 257-262), receiving stolen goods (Art. 298), money laundering (Arts. 301-304) and corporate crimes (Arts. 290-297). Spanish Supreme Court doctrine has consolidated technical criteria on profit motive, intent to take and aggravated modalities.

The technical distinctions are critical because they mark radical punitive differences. Theft (Art. 234 CP) is the taking of another's movable property without violence or force on things; when the amount does not exceed €400 it is a minor offense (fine). Robbery with force on things (Art. 238 CP) requires one of the specific modalities: climbing, breaking, false keys, lockpicks or disabling alarm systems; carries 1 to 3 years' prison. Robbery with violence or intimidation (Art. 242 CP) carries 2 to 5 years' prison (aggravated to 3 years 6 months-5 years with use of weapons or dangerous means). Inhabited house robbery is a qualified modality with 2 to 5 years' prison. Punishable insolvencies (Arts. 257-262 CP) sanction the debtor who conceals assets to avoid collection (asset stripping) or who causes insolvency (punishable insolvency). Receiving stolen goods (Art. 298 CP) punishes whoever acquires with profit motive goods from crime knowing their origin.

The statutory penalties modulate by modality, amount and circumstances. Multi-recidivism (Art. 235 CP), after Organic Law 1/2026, has introduced significant changes: repeated minor theft (three prior convictions) rises to a less serious crime with 6 to 18 months' prison; there is a specific aggravated type of mobile phone and electronic device theft with 1 to 3 years' prison regardless of value. Violent robbery with use of weapons, concurrent sexual assault, vulnerable victim or plurality of perpetrators raises the penalty to 4-7 years. Civil liability includes restitution of the asset (when possible), compensation for its value if impossible, and reparation for damages and moral injuries. Additionally, habitual are forfeiture (Art. 127 CP), precautionary measures of attachment and account freezing, and bail requirement in the investigation phase to guarantee patrimonial responsibilities.

The technical defense rests on four consolidated axes. First, type downgrade: turning robbery into theft by proving absence of typical force (entry through open window, legitimate found key) or absence of violence (skillful taking without snatching); case-law has developed technical criteria on what constitutes "typical force" in criminal-legal sense. Second, challenging multi-recidivism: reviewing cancellation or cancelability of prior records, attacking the identity of nature of preceding crimes (Art. 22.8 CP). Third, defense by family absolute excuse (Art. 268 CP): non-violent property crimes between spouses, ascendants, descendants and siblings are exempt from criminal penalty, maintaining only civil liability. Fourth, activating mitigating factors: damage reparation with judicial consignment (Art. 21.5 CP) can reduce the penalty by one or two degrees when assessed as highly qualified, frequently avoiding effective prison entry.

In current forensic practice, property crimes have undergone profound reforms. Organic Law 1/2026 on Multi-recidivism, in force since April 2026, has hardened the regime for repeated minor theft and created the aggravated type of Art. 235 CP for mobile phones and electronics. Organic Law 1/2025 on Justice Service Efficiency has streamlined procedures. Supreme Court doctrine on squatting, inhabited house, force on things and multi-recidivism continuously evolves. Act 5/2018 on Express Eviction and Act 12/2023 on the Right to Housing have modified the parallel civil response in usurpation crimes. At Alonso Sala, with more than 15 years of experience, we intervene in all patrimonial modalities: thefts, robberies, usurpations, damages, receiving stolen goods, insolvencies and corporate crimes. We apply surgical defense oriented to type downgrade, record cancellation, activation of highly qualified mitigating factors and, when appropriate, negotiation of strategic plea agreements with the Prosecutor's Office.