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Bufete de abogados penalistas Alonso Sala
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Property Crimes Defense

Technical defense in the most active area of Criminal Law. We protect your freedom against accusations of robbery, theft, and damages.

Specialized Defense in Property Crimes

Property crimes represent the largest volume of cases in criminal courts. However, volume does not imply simplicity. A small factual nuance (open vs forced window, push vs pull) marks the difference between a minor fine and a sentence of several years in prison.

At Alonso Sala, we apply "surgical" defense. We don't just deny facts; we technically analyze legal qualification. We fight against automatic application of aggravators like recidivism or the "inhabited house" concept, always seeking to downgrade the crime to the mildest type possible.

Defense Strategies

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Force vs Skill

Not every entry is "robbery with force". If entere via open window or using lost key (without you knowing it was illegitimate), we can fight for Theft or minor Robbery, drastically reducing penalty.

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Recidivism

Prosecution asks for prison if 3 prior convictions exist. We audit those records: if canceled or different type, we paralyze the aggravator and avoid prison entry.

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DNA Evidence

Finding your DNA doesnt prove you stole that day. We question chain of custody and sample date. Presence does not imply authorship.

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Usurpation vs B&E

In "squatting" cases, key is if house is dwelling or not. If we prove it was abandoned, crime is minor (fine) and we avoid B&E prison.

KEY NUANCEWhat is "Force on Things"?

For ROBBERY with force (not THEFT), access must be via one of these specific means (Art. 238 CP):

1. Climbing

Entering via unintended place (window, balcony) overcoming height/obstacle.

2. Breaking

Breaking wall, roof, floor, fracturing door/window or forcing locks.

3. False Keys

Lockpicks, cards, copied remotes or legitimate keys lost by owner.

Criminal Typologies

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Burglary (Force)

Defense in burglary of inhabited house or premises. Technical analysis of "force" (climbing, breaking, false key).

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Robbery (Violence)

Seizure crimes with intimidation or aggression. Strategies to downgrade to theft or injuries.

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Theft & Recidivism

Defense in minor (<400€) and serious theft. Specialists in avoiding prison due to record accumulation.

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Squatting (Usurpation)

Defense and prosecution in illegal property occupation crimes. Express precautionary evictions.

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FAQs

Key difference between Theft and Robbery?expand_more
Violence or force. Taking something by stealth (no breaking/threats) is Theft. Breaking a window (force) or threatening owner (violence) is Robbery. Robbery penalty is much higher (prison).
What is considered 'force on things'?expand_more
Not just breaking a door. Law considers 'force': climbing (window entry), breaking wall/roof, using false keys (lockpicks, copied remotes) or disabling alarm. Using force to EXIT is also robbery.
Is stealing under 400 euros a crime?expand_more
Yes, Minor Theft Offense. Punished with fine, not prison. BUT leaves criminal record. Accumulating 3 minor offenses (recidivism) makes the 4th a serious crime (6-18 months prison).
What is a 'false key' legally?expand_more
Broad legal concept. Includes lockpicks, credit cards to slip locks, copied remotes, and also legitimate keys if lost by owner or stolen. Using the 'real' key you found can be robbery with force.
Robbery in a house with people inside?expand_more
Very serious aggravation: 'Inhabited House Robbery'. Penalty 2-5 years prison. Includes second homes or garages connected to the living area.
What is 'improper' violent robbery?expand_more
Stealing by stealth (e.g., wallet) and when caught fleeing, struggling or pushing to escape. That final push turns the whole act into Violent Robbery (2-5 years penalty).
Can I be evicted if I squat an empty house?expand_more
If not someone's dwelling (bank, vulture fund), it's minor usurpation crime (fine). Eviction takes months without precautionary measures. If dwelling (someone lives there), it's B&E (prison) and immediate eviction.
What is the crime of Damages?expand_more
Destroying/deteriorating property. If damage >400€, it's a crime (high fine). If fire or risk to people, it's havoc (serious prison). Graffiti on metro can be aggravated damages.
What is 'snatching' (tirón)?expand_more
Pulling a bag. If violent and victim falls, it's Violent Robbery. If skillful and victim barely notices/no harm, defense fights for Theft.
How to cancel theft records?expand_more
For minor offenses, 6 months after paying fine. For serious, 2-3 years after sentence. Vital to cancel to avoid recidivism aggravation.
What is fencing (receptación)?expand_more
Buying stolen goods knowing (or should know) they're stolen. Crime. Buying €1000 iPhone for €50 on street can convict you of fencing.
If I return stolen goods, am I free?expand_more
No, but damage repair mitigation applies, lowering penalty. If returned before trial, reduction is greater. Sometimes avoids jail.
What is vehicle theft of use?expand_more
Stealing car just to use it a few hours (e.g. ram-raiding or joyride) and abandoning it. Lower penalty than stealing to keep it.
Is hacking a bank account robbery?expand_more
Technically Computer Fraud, not robbery. But using stolen card at ATM is improper Fraud. Qualification matters for defense.
Can police search my house for stolen goods?expand_more
Only with warrant or consent. If police enter without warrant claiming 'flagrant crime' when not, we ask for Nullity of entry and everything found.
Stealing from father or spouse?expand_more
'Absolutory Excuse' (Art. 268 CP) exists. No criminal penalty for property crimes between direct family if no violence (only civil liability). Case archived.
Intimidation with fake weapon?expand_more
Threatening with toy gun. If victim believes it's real, counts as intimidation/Violent Robbery. Defense argues against 'use of weapons' aggravation.
What is extortion?expand_more
Forcing someone with violence/intimidation to perform legal business (e.g. sign deed or give money). Distinct from robbery, attacks freedom too.
What is ram-raiding (alunizaje)?expand_more
Crashing car into shop window. Robbery with Force. If car was stolen, crimes sum up (theft of use + robbery w/ force + damages). High penalty.
Can a minor be convicted of robbery?expand_more
Yes, but Minor Law (LORRPM) applies educational measures, not prison. From age 14 there's juvenile criminal liability. Measures can include closed center internment, supervised freedom, or community service. It's a different system from adults.

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.

Contact Alonso Sala

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