Coercion Offence Lawyer in Madrid
If you are being reported for coercion arising from a neighbourhood, workplace or family conflict, or you want to report someone who is coercing you, what is decided at the first hearing shapes the whole case. Do not give a statement without a lawyer by your side. We will take the call ourselves. 24-hour line: 681 256 507.
Coercion offence lawyer in Madrid, available 24 hours a day
A report for coercion is almost never as clear-cut as it seems. Behind it there is usually a conflict with a neighbour, at work or within the family that has ended up in court, and the key is to determine whether there is genuinely a criminal offence or not. We are criminal defense lawyers in Madrid and we defend both those who have been reported for coercion and those who are suffering it (acting as private prosecution), always in different cases: we never represent both parties. And we handle it ourselves from start to finish, without passing you from one lawyer to another.
Types of coercion offences we defend in Madrid
These are the types of coercion cases in which we take on your defense in Madrid. When the case borders on threats or minor injuries, we also handle those.
Serious coercion
Defence when serious coercion is attributed to you: using violence or intimidation to prevent someone from doing what the law allows them to do, or forcing them to do something they do not want to do. This is the form that carries a prison sentence, and reclassifying it as minor changes the outcome.
Minor coercion
Coercion of lesser severity is tried as a minor offence and is punished only with a fine. We seek to have the conduct reclassified under this category, reach an agreement with the complainant, or obtain a dismissal where appropriate.
Property and neighbourhood coercion
Cutting off a tenant’s utilities, changing a lock, construction noise or a dispute between neighbours often end up as a report for coercion. We assess whether you acted in the legitimate exercise of a right and whether the conduct falls outside the scope of the offence.
What we do if you are reported or summoned for coercion
Whether you have been arrested or summoned to give a statement for coercion, what you do before the first statement affects the whole case. This is what we do with you from the moment you call:
We take your call.
We identify the court or police station, the content of the complaint and your procedural status, and we activate the defence at that very moment.
We give you initial guidance.
You have the right to remain silent and not to give a statement without your lawyer. We explain what is in your best interest before any hearing.
We go to the court or police station.
A senior lawyer travels to the investigating court or the police station, whether in the city of Madrid or the Henares Corridor.
We speak with you in private.
In a private meeting, before you give your statement, we prepare with you the account of the events and the evidence that should be presented from the outset.
We assist you during your statements.
Before the judge and, where applicable, before the Police, we take care over every statement and put forward the evidence that supports your position.
We provide this assistance ourselves 24 hours a day, every day of the year. Madrid capital, the Henares Corridor and throughout Spain.
What you are accused of in a coercion offence
Coercion means forcing someone, through force or pressure, to do something they do not want to do, or preventing them from exercising a right: that is what the offence of coercion punishes, as it protects your freedom to act. The law distinguishes two levels, and knowing which one your case falls into completely changes what is at stake:
- Serious coercion. This can end in imprisonment or a fine.
- Minor coercion. Only punished with a fine and tried as a minor offence.
- Or no offence at all. Often the case can be taken out of the criminal sphere altogether, and that is the first thing we work on.
How we tell apart coercion, threats and a dispute that is not a crime
Many cases are won on a single point: how the facts are classified. Coercion is often confused with other offences, and that is where the room for defence lies:
- Threat, not coercion. A threat announces future harm; coercion forces you to do something here and now.
- Unlawful detention. This goes further than forcing you to do something: it deprives you of your freedom.
- Harassment. This requires persistent, repeated pursuit over time.
- From serious to minor, or to nothing. Getting serious coercion reduced to minor coercion, or proving it is not even an offence, is the difference between a conviction and a dismissal.
Lines of defence against a coercion complaint
When you are accused of coercion, the first thing we look at is whether what you did actually amounted to coercion. Insisting, putting pressure or warning that you will go to court is not a crime. We challenge the accusation on three fronts:
- Were you exercising your own right? Changing the lock on your own home or claiming what is owed to you is not coercion.
- Was there force or pressure? Without the force or pressure the offence requires, there is no coercion.
- Did you actually prevent or force anything? If nothing changed as a result of your conduct, the outcome the offence requires is missing.
If any of these apply, it is most likely that there is no offence, or that it is far less serious than the complaint states.
24-hour assistance if you face a coercion complaint
Tel. 681 256 507 · [email protected]
What penalties are at stake for a coercion offence
This is what you risk, depending on the severity of the case:
- Serious coercion: imprisonment from six months to three years or a fine of twelve to twenty-four months, depending on the seriousness of the act and the means used.
- Minor coercion: tried as a minor offence and punished with a fine.
- Aggravated coercion: the penalty is imposed in its upper half when the coercion seeks to prevent the exercise of a fundamental right.
Serious coercion cases are processed through the abbreviated procedure before the Criminal Court of Madrid, while minor cases are tried as minor offence proceedings before the Court of Instruction. In the latter, an agreement with the complainant leading to dismissal is often possible.
Defence in coercion cases throughout the Community of Madrid
Coercion cases in Madrid are investigated at the Courts of Instruction of Plaza de Castilla and tried before the Criminal Courts of Madrid, or, in the case of minor offences, at the same court of instruction. We also handle proceedings in the judicial districts of the Henares Corridor (Alcalá de Henares, Arganda del Rey, Coslada) and throughout the Community of Madrid. Our office at Goya 20 is a short walk from the main courts in the city centre.
Your coercion lawyer, privately instructed, not court-appointed
In a coercion case, where almost everything hinges on the legal classification and the proof of context, court-appointed representation covers the formalities but rarely prepares the defence evidence and the atypicality strategy with enough time. Choosing your lawyer through private instruction means that the same firm that studies your complaint is the one that takes your call, explains each step to you, and attends the hearing with you. No intermediaries: we handle your case ourselves, from start to finish.
How we handle your coercion case, step by step
From the first call after a court summons to the final judgment and appeal, we work every case with the same method. We apply it equally to serious coercion and to a minor offence.
First contact
We attend to you directly, by phone or in person, even outside office hours. We identify the procedural situation and the content of the complaint and activate the defence from that moment.
Case analysis
We review the complaint, the messages and documentary evidence provided, the witnesses, the recordings and any prior record. From the outset, we look for atypicality or reclassification to the minor offence.
Strategy and preparation
We design the technical strategy: challenging the legitimacy of the conduct, absence of violence or a suitable means, exercise of a right and, where appropriate, an agreement with the complainant. We prepare each stage together with you.
Defence in court
We defend you at trial before the Criminal Court or, in the case of a minor offence, before the Court of Instruction, and we appeal to the Provincial Court of Madrid when appropriate.
Frequently asked questions about the offence of coercion in Madrid
Can coercion occur without physical violence?
Yes. The offence does not require physical force: intimidation or any suitable means of preventing someone from doing what the law allows them to do, or forcing them to do what they do not want to do, is enough. However, that means must have real coercive weight, and disputing whether it did is one of the lines of defence.
Is a threat the same as coercion?
Not exactly. A threat announces a future harm; coercion imposes conduct in the present through violence or intimidation. The difference is not trivial, because the penalty and the procedure change. That is why the correct classification is the first front of the case.
What is the difference between minor and serious coercion?
The difference lies in the seriousness of the coercive act and the context. Serious coercion is punished with six months to three years’ imprisonment or a fine; minor coercion carries only a fine and is classed as a minor offence. Reclassifying serious coercion as the minor offence can completely change the outcome.
Is a plea agreement possible in coercion cases?
Yes. In cases of minor coercion, it is common to reach an agreement with the complainant leading to dismissal of the case, and in serious cases a plea agreement may be the best technical option. We only recommend it when it genuinely improves your position compared with going to trial.
Can changing the locks on my house amount to coercion?
It depends on the context. Changing the lock on your own home, claiming a debt, or warning that you will go to the courts are, in principle, the legitimate exercise of a right and not a crime. The complaint may not amount to an offence, and establishing this from the outset is key.
Our office at Goya 20, Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We see clients at Goya 20, by phone and by video conference, with the confidentiality inherent in professional practice.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 am – 7:00 pm (assistance to detainees 24/7)
Call a coercion lawyer in Madrid
A coercion case is won or lost in the first moves: the classification under dispute, the evidence of context, and the account set out in the first statement. The sooner you call us, the more room we have to act. We attend to you directly, in Madrid and throughout Spain. Call us on 681 256 507.
