Criminal Defense Lawyers in Public Disorder
Defense against accusations of altering public peace, resistance, and assault on authority.
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Defense of Public Order and Protest
Public disorder crimes (Arts. 557 and following CP) punish altering public peace with violence or threats. Often, this crime is imputed in contexts of social protest, strikes, or evictions. Our defense prioritizes the fundamental right to demonstration and assembly. We scrutinize police reports (often "cut and paste") to detect exaggerations or falsehoods in the narration of facts and disassociate the client from third parties' violent acts ("cascade responsibility").
Key Difference: Assault vs Resistance
It is vital to distinguish between:
- Assault (Art. 550 CP): Implies physical aggression (hitting, throwing objects) or grave intimidation to police. Prison penalties (6 months to 3 years).
- Resistance (Art. 556 CP): Passive opposition (sit-in, holding onto a lamppost) or slight resistance (struggle without blows). Minor penalties or fine.
Many reports classify as assault what was a mere defensive struggle or refusal to identify. We fight for acquittal or downgrading the crime to minor (old petty offense).
Strategy in Police Proceedings
In cases of massive arrests after riots, the accusation often lacks individualization ("everyone did everything"). We demand concrete prosecution evidence (videos, unequivocal identification by badge number) linking our client to the specific violent act, breaking the collective accusation. If there is no video of the stone throwing, there is no attributable crime.
Penalties and the 2022 Reform (LO 14/2022)
Basic public disorder (Art. 557 CP) — acting in a group, using violence or intimidation on persons or force on things to disturb public peace — carries imprisonment of 6 months to 3 years. Aggravated forms (Art. 557 bis: carrying weapons or dangerous objects, concealing the face to avoid identification, or threats with firearms) raise the penalty. Seriously disrupting public, sporting, cultural or court events (Art. 558 CP) is punished separately. Organic Law 14/2022 repealed the former offence of sedition and reorganised public-order offences, so conduct once prosecuted as sedition (10 to 15 years) is now channelled through aggravated public disorder (up to 5 years). In minor cases the conduct may be downgraded to an administrative offence under the Public Safety Act (Organic Law 4/2015), which carries only a fine.
Penalties & Consequences: Public Disorder
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty (Art. 550 CP) | Penalty established by the Criminal Code for this offence type. |
| Fines and Ancillary Penalties | Fines and special disqualification provided by the Criminal Code. |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Defense Strategy: Public Disorder
Individualization of Conduct
Demanding concrete proof of the accused's participation.
Videos and Recordings
Using mobile and security camera recordings to contradict the report.
Legal Qualification
Lowering accusation from Assault to Resistance or Disobedience.
Detention Nullity
Habeas Corpus in case of illegal or arbitrary detentions.
Illegal Weapons Possession in Spain: Arts. 563-568 CP — Defense Guide
Weapons offenses in Spain are governed by Articles 563 through 568 of the Criminal Code and the Weapons Regulations (Royal Decree 137/1993). Penalties vary dramatically depending on the weapon category — from fines for minor regulatory infractions to up to 6 years' imprisonment for war weapons. The classification of the weapon and the existence of a valid license are the two decisive factors in every case.
Penalty Table: Weapons Offenses
| Offense | Article | Penalty |
|---|---|---|
| Regulated firearms without license | Art. 564 | 1 – 2 years |
| Short firearms (pistols) without license | Art. 564.1.1° | 1 – 2 years |
| Long firearms (rifles) without license | Art. 564.1.2° | 6 months – 1 year |
| Prohibited weapons / modified weapons | Art. 563 | 1 – 3 years |
| War weapons possession | Art. 566 | 3 – 6 years |
| Manufacturing without authorization | Art. 568 | 1 – 3 years |
| Weapons trafficking | Art. 566.1 | 5 – 10 years |
| Weapons stockpiling (depósito) | Art. 566.1 | 5 – 10 years |
Core Defense Strategies
Weapon Classification Challenge
The difference between a 'prohibited weapon' (Art. 563, 1-3 years) and a 'regulated weapon without license' (Art. 564, 6 months-2 years) can halve the sentence. Expert ballistic assessment is critical to reclassify the weapon.
Licensing & Regulatory Defense
Expired licenses, pending renewal applications, or inherited weapons without updated paperwork can negate criminal intent. We prove the administrative nature of the situation to avoid criminal prosecution.
Lack of Criminal Intent (Dolo)
Possessing an inherited, inoperative, or decorative weapon without knowledge of its illegality can constitute an absence of criminal intent — the essential element for conviction under Arts. 563-564 CP.
Chain of Custody & Search Legality
Weapons seized during illegal searches, without warrant, or with broken chain of custody are inadmissible evidence. We challenge every procedural irregularity to secure acquittal or exclusion of evidence.
Why Choose Us?
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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.