Property crimes
In short
In everyday speech they are used interchangeably, but in the Criminal Code they are different offences with very different penalties:
Whether an act is classified as theft or robbery completely changes the penalty. That is why we check from the very first moment how the police report (atestado) describes what happened.
Aggravated theft (article 235) is punishable by one to three years in prison, among other cases, when mobile phones or other devices containing personal data are stolen (except those on sale in a shop), when the value or the loss is particularly serious, when the victim’s vulnerability is exploited, when children under sixteen are used or when the offender already has at least three convictions for less serious or serious offences of the same kind.
| Situation | Prison sentence | Article |
|---|---|---|
| Robbery with force | 1 to 3 years | 240.1 |
| Robbery with force with a circumstance under art. 235 | 2 to 5 years | 240.2 |
| Robbery with force in an inhabited home or premises open to the public | 2 to 5 years | 241.1 |
| In an establishment outside opening hours | 1 to 5 years | 241.1 |
| Robbery with violence or intimidation | 2 to 5 years | 242.1 |
| With violence in an inhabited home or premises open to the public | 3 years and 6 months to 5 years | 242.2 |
With weapons or other dangerous means, the penalty is imposed in its upper half (article 242.3). Conversely, if the violence or intimidation was of a lesser degree, the judge may reduce the penalty by one degree (article 242.4), which we always request when the facts allow. Any place used as a dwelling counts as an inhabited home, even if its occupants are away at the time of the robbery (article 241.2).
Taking someone else’s car or motorbike without intending to keep it and returning it within 48 hours is punishable by 31 to 90 days of community service or a fine of two to twelve months (article 244). If it is not returned within that period, it is tried as theft or robbery. Anyone who buys or receives items knowing they are stolen commits the offence of handling stolen goods (receptación), punishable by six months to two years in prison (article 298). Extortion, forcing someone through violence or intimidation into a transaction to their detriment, carries a penalty of one to five years (article 243).
Theft, robbery and the unauthorised taking of vehicles are on the list of offences dealt with by speedy trial (juicio rápido) when there is a police report and the person has been arrested or summoned before the duty court (article 795 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). In that situation a plea agreement (conformidad) can be reached at the duty court itself, with a one-third reduction of the sentence sought, if the requirements of article 801 are met. It is not always advisable: accepting means admitting the facts and creates a criminal record. We decide with you after seeing the evidence.
If the sentence imposed does not exceed two years, it is your first offence and you pay the civil liability or undertake to do so, the judge can suspend the sentence (article 80). Previous convictions carry weight: they are used to aggravate theft and robbery and can prevent suspension. Records that have been removed, or should have been, do not count, which is why the first step is sometimes to have old criminal records removed.
Between spouses who are not separated, ascendants, descendants and siblings (and in-laws of the first degree if they live together), property offences without violence, intimidation or abuse of the victim’s vulnerability only give rise to civil liability, not criminal liability (article 268).
Report it as soon as possible and provide invoices or valuations of what was taken, because the value determines the penalty and the compensation. If you want to take part in the proceedings, request evidence and claim for your loss, we can act as private prosecutor on your behalf.
Every case is different; after studying yours, we will give you a personalised written quote.
A fine of one to three months, as a minor offence (article 234.2 of the Spanish Criminal Code). The exception is persistent reoffending: if you already have at least three final convictions for offences of the same kind, and one of them is minor, a prison sentence of six to eighteen months applies. Records that have been removed do not count.
Theft is taking something that belongs to someone else without force or violence. Robbery requires force on property, such as breaking a door, climbing in or using false keys, or violence or intimidation against people. Robbery carries much higher penalties: from one to five years in prison depending on the case.
In most cases, no. If the value of what was taken does not exceed €400, it is a minor offence punishable by a fine. If it does, the penalty is six to eighteen months, and if it is your first offence the judge can suspend it. The situation changes if there is a criminal record or if force or violence was used.
Yes, and since the 2026 reform, theft of mobile phones and devices containing personal data is aggravated theft, punishable by one to three years in prison (article 235.1.10 of the Criminal Code). This does not include phones on sale or on display in a shop.
Yes, and it is best to speak to one before going to the duty court. In a speedy trial, it is decided within hours whether you accept a plea agreement with a one-third reduction or go to trial. That decision has consequences for your criminal record, so it should be taken after reviewing the evidence with your lawyer.
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