Criminal Lawyers in Theft Defense

The crime of theft, regulated in Articles 234 to 236 of the Criminal Code, consists of taking another's movable property without owner consent, with intent to profit, but without using force on things or violence or intimidation on people.

The big difference with robbery is precisely the absence of force and violence. That's why penalties are significantly lower: from fines (in minor thefts) to 6-18 months prison (in common thefts).

Key Difference: Theft vs Robbery

It's the most important border in property crimes:

• Theft: You take something without permission. Enter through open door, take objects from shelves, take from careless bags. Don't break anything or threaten anyone.
• Robbery: Besides taking, you use force (breaking, climbing, false keys) or violence/intimidation (snatching, threats). Penalties are much higher.

Crucial defense strategy: In many robbery cases, we manage to downgrade classification to theft by demonstrating there was no "typical force". This can go from 1-3 years prison to fine or suspended sentence.

The €400 Barrier: Minor Offense vs Common Crime

The 2015 Reform introduced a capital distinction based on amount:

• Value \u003c €400: It's minor offense. Penalty: fine of 1 to 3 months. Doesn't generate record if you pay fine.
• Value ≥ €400: It's common theft. Penalty: 6 to 18 months prison. Can be avoided with suspension if first offense.

Our expert work: We dispute valuation of stolen goods. If prosecution says €450 and we prove it's worth €380, we go from prison to fine. Appraisal of value is fundamental.

Theft of Special Gravity (Art. 235 CP)

There's an aggravated subtype that raises penalty up to 2 years in prison. Applies when:

1. Necessities: Stealing vital medicines, food in scarcity, humanitarian goods.
2. Serious harm to owner: Taking work tools from self-employed, irreplaceable sentimental objects.
3. Artistic/historical heritage: Stealing artworks, cataloged goods, archaeological objects.
4. Multi-recidivism: 3+ prior theft convictions in last 5 years.

Defense: We question application of this aggravating circumstance. We demonstrate good wasn't necessity, harm wasn't so serious, or prior convictions already expired.

Highly Qualified Mitigator: Damage Repair

Returning stolen goods or paying their value before the trial is the most powerful mitigator in criminal law. Allows reducing penalty up to two degrees:

• 18-month theft → can drop to 12 months → sentence suspension.
• Combined with plea, allows avoiding criminal record even in serious thefts.

Practical Advice: Our firm immediately manages judicial consignment of amount. In many cases, this quick action makes the difference between prison and freedom.

Technical Defense Strategies

Each theft case has particularities that allow specific defense lines:

• Lack of Intent: Forgot to pay due to distraction. Were going to do it at another checkout. No "intent to appropriate".
• Type Error: Genuinely believed object belonged to you or that you had permission.
• Mistaken Identity: We challenge irregular lineups, low-quality recordings, unreliable witnesses.
• Consent: Owner authorized you to take thing (even if later denies it).
• State of Necessity: Hunger theft (stealing food due to extreme hunger). Exempt if real need is proven.

Advanced Procedural Strategies

Beyond substantive defense, we apply procedural techniques that change outcome:

• Rewarded Plea: If you acknowledge in initial phase, penalty drops by third. Combined with returning stolen goods, can be very advantageous.
• Sentence Suspension: If penalty is ≤ 2 years and it's your first offense, you can avoid prison with community service or conduct rules.
• Statute of Limitations: Minor theft expires in 3 months. If you haven't been cited in that period, crime has expired.
• Criminal Mediation: In minor thefts, reaching agreement with victim (return + apology) can avoid penalty.