Specialist Lawyers in Crimes of Robbery and Theft
We are a criminal defense law firm in Madrid specializing in crimes of robbery and theft. Since the founding of Valmaseda Abogados, we have focused on representing robbery and theft cases, achieving notable results both nationwide and before the National Court. Our objective has been to secure acquittals for our clients or case closures during the investigation phase.
What Is the Difference Between Robbery and Theft?
The main difference lies in the use of force or violence:
Robbery requires the use of force on property to access or leave the place where the property is located, or the use of violence or intimidation against people.
Theft involves only the unlawful taking of property without the use of force or violence.
Depending on the value of the stolen property, the conduct may constitute a theft offense or a minor theft offense.
When Are We Facing the Crime of Theft?
According to Articles 234, 235, and 236 of the Spanish Criminal Code, a person who, with the intent to obtain a profit, takes someone else’s movable property without the owner’s consent, and the value exceeds €400, will be punished for the crime of theft with imprisonment of 6 to 18 months.
Aggravated Theft
The theft offense will be considered aggravated — and punished with imprisonment of 1 to 3 years — in any of the following circumstances:
When the stolen items are of artistic, historical, cultural, or scientific value.
When the items are basic necessities and their theft causes a supply shortage.
When the theft involves infrastructure components (such as electrical, hydrocarbon, or telecommunications systems) and causes serious damage to these services.
When the theft involves agricultural or livestock products or the tools used to obtain them, causing serious harm.
When the theft shows special gravity due to the value of the property or the substantial harm caused.
When the act places the victim or their family in a serious economic situation, or occurs by taking advantage of personal vulnerability, an accident, or a general risk that weakens the victim’s defense.
When the offender has prior convictions for at least three offenses of the same category.
When minors under sixteen are used to commit the theft.
When the offense is committed as part of a criminal organization or group.
In addition, a person who, as the owner or with the owner’s consent, takes movable property from someone who legitimately possesses it — causing harm to that person or a third party — may be sentenced to a fine of 3 to 12 months, provided the value exceeds €400.
What Is the Penalty for Theft Without Prior Convictions?
The key factor is the value of the goods taken:
If the value exceeds €400, it is a theft offense.
If the value does not exceed €400, it is a minor theft offense.
Penalties:
For a theft offense, the penalty ranges from 6 to 18 months in prison.
If the theft is aggravated under Article 235 of the Criminal Code, the penalty is 1 to 3 years in prison.
For a minor theft offense, the penalty is a fine of 1 to 3 months.
When there are no prior criminal records, courts generally impose a medium degree of the established penalties, although it is possible to negotiate with the Public Prosecutor to achieve the lowest degree of the penalty.
What Is a Minor Theft (Delito Leve de Hurto)?
A minor theft offense is determined by the value of the stolen property. If the value does not exceed €400 — whether it is €350, €200, or €5 — it is considered a minor theft offense.
The penalty for this offense is a fine of 1 to 3 months, and it leaves a criminal record for 6 months from the date the sentence is served (i.e., after paying the fine).
What Happens When the Value of the Stolen Property Is Less Than €400?
In this case, we are facing a minor theft offense (formerly known as a petty theft misdemeanor).
Under the second paragraph of Article 234 of the Criminal Code, if the value of the stolen property does not exceed €400 (and none of the aggravating circumstances apply), the penalty imposed is a fine of 1 to 3 months.
Find Us at Our Madrid Office
For legal assistance in cases of robbery and theft, you can find our Madrid office through the contact section on the site.
