Minor Theft Offense Defense
Strategies to avoid criminal records in thefts under 400€.
The Technical Limit of 400 Euros
In the Spanish criminal legal system, the figure of 400 euros marks the border between a minor offense and the basic type of theft. This valuation is not arbitrary; it determines whether you face a fine or a possible prison sentence of up to 18 months. At Alonso Sala, our first line of defense is always to audit the expert valuation of the stolen objects to ensure that the real market value (not the retail price) does not exceed this critical threshold.
Consequences and Criminal Records
Although it is called "minor", it is not without gravity. A conviction for a minor theft offense entails:
- Fine: Generally from 1 to 3 months, the daily amount of which will depend on your economic capacity.
- Criminal Record: This is the most damaging effect. These records can block public examinations, residence permit renewals, or obtaining certain jobs.
- Risk of Recidivism: The accumulation of three minor convictions can turn the fourth theft into a serious offense with a prison sentence.
Specialized Technical Defense
Our strategy focuses on three fundamental pillars to protect your future:
1. Value Dispute
We discount VAT and apply depreciation for use to lower the valuation below 400€.
2. Evidence Nullity
We challenge security recordings that violate data protection laws or security guard testimonies without valid licenses.
3. Principle of Opportunity
In specific cases, we negotiate the dismissal due to low social relevance if the damage has been repaired.
Preguntas Frecuentes
Our Defense Strategy
Expert Challenge
We question the valuation of establishments that include profit margins in the value of the object.
Damage Reparation
Immediate return or payment of the value allows seeking a highly qualified mitigating factor or dismissal.
Error of Prohibition
In complex situations, we allege lack of knowledge about the alienage of the property.
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.