Bufete de abogados penalistas Alonso Sala

record_voice_overPractice Area

Crime of Threats

We protect your peace of mind. Technical criminal defense against threats and blackmail accusations (Art. 169 CP).

Criminal Defense against Threats Crime

Threats crime (Arts. 169-171 CP) protects person's freedom and calm. Defense key usually isn't denying words were said (often witnesses/audios), but attacking intent (mens rea) and context.

Premeditated plan to scare (crime) isn't same as outburst in reciprocal argument. At Alonso Sala, we distinguish "ius necandi" (intent to cause harm) from simple verbal venting, seeking acquittal or downgrading to minor crime whenever possible.

Critical Defense Points

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Digital Context

Isolated WhatsApp out of context looks terrible. We present full conversation (months) to prove language was habitual, reciprocal or provoked, eliminating intimidating charge.

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Lack of Verisimilitude

If objectively author lacks capacity to fulfill threat, no crime. Threat must be credible for average person in victim's situation.

SERIOUS CRIMEConditional Threats (Art. 169.1)

Most serious form. Occurs when amount or condition demanded ("if you don't do X"). If purpose achieved, penalty is prison in upper half.

"Whoever demands from another an amount or reward under threat of revealing or disseminating facts referring to their private life or family relations not public..."

Threat Types

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Minor Threats

Heated arguments, insults and expressions uttered in anger contexts. Defense to downgrade crime.

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Conditional Threats (Blackmail)

Demanding money or action under threat. Serious crime punished with prison. Complex technical defense.

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Threats with Weapon

Use of dangerous instruments to intimidate. Specific aggravating factor raising penalty.

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Gender Violence Threats

Any threat (even minor) to partner/ex-partner is serious crime. Speedy Trial Procedure.

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Why Alonso & Sala for Threat Cases?

Not all threats are equal. Context, prior relationship and credibility of harm are decisive. We analyze every word in context.

checkForensic analysis of full digital conversations (not isolated messages).
checkDefense of emotional and situational context of argument.
checkStrategy to downgrade serious to minor threats (avoid effective prison).
checkExperience in gender violence where any threat is serious.

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FAQs

When is a threat a crime?expand_more

When credible, serious and directed against life, integrity or freedom. Not every brusque expression is a crime; context is key.

Is saying 'I'll kill you' in argument a crime?expand_more

Depends. If outcome of momentary heating without real intent ('ius necandi'), courts usually acquit or convict only for minor crime. If coldness and accumulation, it's serious.

What penalty for blackmail?expand_more

If purpose achieved (e.g. money), prison 1-5 years. If not achieved, reduced by one degree.

Are WhatsApps valid evidence?expand_more

YES, king evidence. But must be provided complete and verified. Isolated message can be misinterpreted; whole conversation usually reveals real context.

What if I have criminal record?expand_more

If prior violent crime record, risk of prison entry increases drastically, even in non-conditional threats.

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shieldClaves de la Defensa

Anger Context

Threats in heat of argument often lack 'coldness' needed for serious crime.

Lack of Credibility

If threat is fantastic or impossible, it doesn't generate fear needed for penal type.

Prior Provocation

We use victim's provocation as mitigation or to contextualize client's reaction.

gavelElementos del Delito

check_circleEvil Announcement:Must be future, unjust, determined and possible.
check_circleIntimidation:Goal must be causing fear or real unrest in victim.
check_circleCondition:If something demanded in exchange (money, conduct), penalty skyrockets.

gavelConsecuencias Penales

Prison 1-5 years

Conditional threats (blackmail) if aim achieved.

Prison 6m-2y

Serious non-conditional threats.

Fine

Minor threats (except gender/domestic violence).

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Reported for Threatening?

Don't let an argument ruin your record. We analyze your messages and context.

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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.

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