Criminal Lawyers for Threats with Weapons
Defence against aggravated threat charges involving weapons or dangerous instruments.
The Spanish Criminal Code (CP) does not create a standalone offence of "threats with a weapon": brandishing or using a weapon simply reinforces the credibility and gravity of the threat under Article 169 CP, which is punishable by imprisonment from 1 to 5 years where the threat is conditional and its purpose is achieved, from 6 months to 3 years where it is conditional but not achieved, and from 6 months to 2 years where it is unconditional; where the weapon is held without a licence, a separate offence of unlawful possession is also added. In the defence, we analyse the facts in detail to identify the correct classification, challenge irregular evidence, and submit evidence for the defence, verifying at every stage that the rights of the person under investigation are respected.
Threats with weapons represent an aggravated form of the crime of threats under Article 169 of the Criminal Code. The use of a weapon or dangerous instrument during a threat significantly increases the intimidating effect on the victim and, consequently, the severity of penalties. This includes firearms, knives, blunt objects, or any item capable of causing serious physical harm.
Types of Threats (Arts. 169-171 CP)
The Criminal Code distinguishes several forms. Conditional threats (Art. 169.1) demand money or impose a condition under threat of a serious crime—homicide, injury, kidnapping—and carry the heaviest penalties. Unconditional threats (Art. 169.2) announce serious harm without any demand. Threats of non-criminal harm made to obtain money or a benefit fall under Art. 171 (coercive threats). When a weapon or dangerous instrument is displayed, the threat gains credibility and seriousness, and the conduct may concur with the unlawful possession of weapons (Arts. 563-564 CP). Threats made in writing, by telephone or through any medium of communication are punished in the upper half of the range.
Penalties
Conditional threats (demanding something from the victim) with weapons carry imprisonment of 1 to 5 years. Unconditional threats (expressing intent to harm without conditions) with weapons carry 6 months to 2 years. If the threat targets a family member or partner, penalties are further aggravated under the gender violence framework. Additionally, the weapon itself may be confiscated and weapons licenses revoked.
Defence Strategies
Our defence examines: whether the object qualifies as a "weapon or dangerous instrument" under the law (display of a kitchen knife during an argument differs from brandishing a firearm); proving the weapon was not displayed or used in a threatening manner (mere possession during an argument is not the same as threatening with it); demonstrating the threat was not serious or credible (examining context, relationship between parties, and objective circumstances); and arguing emotional disturbance or provocation as mitigating factors.
Penalties & Consequences: Threats with Weapons
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty (Art. 169 CP) | Penalty established by the Criminal Code for this offence type. |
| Fines and Ancillary Penalties | Fines and special disqualification linked to Threats with Weapons. |
| 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.
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