Criminal Defense Lawyer for Minor Offences in Madrid
If you have been summoned to a trial for a minor offence in Madrid, whether for theft, minor injuries, threats or damage, don’t treat it as a mere formality: the hearing is a one-off event and what gets decided that day is a criminal conviction. Don’t go to court without a lawyer by your side. We’ll take the call ourselves. 24-hour line: 681 256 507.
Criminal defense lawyer for minor offences in Madrid, available 24 hours
A minor offence may seem like a small matter, but it’s the gateway to a criminal conviction and a criminal record. We are criminal defense lawyers in Madrid, focused on criminal law, and we handle trials for minor offences of every kind: we defend both those who have been reported and those who are victims (acting as private prosecution), always in separate cases. And we see it through from start to finish, without passing you from one lawyer to another.
Types of minor offences we defend in Madrid
These are the most common minor offences we take on the defense of in Madrid. Each one has its own page and strategy; further down we explain how a trial for a minor offence works and what’s really at stake.
Theft of less than 400 euros without aggravating factors is tried as a minor offence and punished only with a fine. We seek dismissal, an agreement with the complainant, or the minimum possible penalty.
Physical abuse without injury and injuries that only require first aid go through the minor offence trial. We work on self-defense, mutual altercation, and what the medical report states.
An isolated threat of a minor harm, often made via WhatsApp or during a heated argument, is tried as a minor offence and punished only with a fine. We challenge the credibility of the threat and the real context of the conflict.
Preventing someone from doing something or forcing them to do what they don’t want to, in its lesser form, is tried as minor coercion, punished only with a fine. We argue lack of criminal conduct and the legitimate exercise of a right.
Criminal defense lawyers specialised in minor offences in Madrid
In a trial for a minor offence, deadlines are short and preparation is everything. Here’s what we do differently:
We prepare the fast-track trial within days
These trials are scheduled within just a few days: we prepare the evidence, the witnesses and your statement from the very first call, leaving no room for improvisation.
We fight for acquittal or dismissal
We seek dismissal or acquittal, and when these aren’t possible, the minimum penalty or an alternative sentence — we never consider the case lost.
One lawyer, from start to finish
Whoever takes your call is the one who represents you at the hearing. We don’t pass you from one lawyer to another.
We work to keep a criminal record off your name
Even a minor offence conviction leaves a criminal record: we work to prevent this, because it carries weight in future job applications and procedures.
What we do if you're summoned to a trial for a minor offence
In a minor offence there is almost never an arrest: you receive a summons for a fast-track trial, sometimes with very few days’ notice. What you prepare before that day decides the outcome, because the evidence is heard in a single hearing. Here is what we do with you from the moment you call:
We take your call.
We identify the court, the content of the complaint and the trial date, and we activate the defense from that moment.
We give you initial guidance.
We explain what you should and should not say in your statement, and what evidence and witnesses you should bring on the day of the trial.
We go with you to court.
A lawyer from the firm accompanies you to the Examining Court, in Madrid city or in the Henares Corridor.
We speak with you privately.
Before entering the courtroom, we go over the account of events with you and the evidence that should be presented from the outset.
We defend you at trial.
At trial we cross-examine the witnesses, challenge the prosecution’s evidence and defend your position before the judge.
And if you are arrested for a related matter, we handle that assistance 24 hours a day, every day of the year. Madrid city, the Henares Corridor and all of Spain.
What is a minor offence (and what the old "faltas" were)
A minor offence (art. 13 of the Criminal Code) is the lightest category of criminal offence: what before the 2015 reform of the Criminal Code was known as «faltas» (petty offences). The law punishes it with a light penalty, almost always a fine, and it is tried at a single hearing before the Examining Court, where judgment can be handed down on the spot. The most common are:
- Minor theft: taking an amount under 400 euros without force or violence.
- Minor injury and physical mistreatment offence: blows or injuries that only require initial medical attention.
- Minor threats offence: announcing harm without the seriousness of a grave threat.
- Minor coercion: imposing conduct of little significance.
- Minor fraud offence: financial deception of a small amount, under 400 euros.
- Minor damage and minor handling of stolen goods: low-value damage or acquiring an item worth less than 400 euros knowing its origin.
- Unjust harassment: especially within the family context.
Working out which of these minor offences your case fits, or taking it out of the criminal sphere altogether, is the first thing we work on.
When your case is a minor offence and when it becomes a serious offence
The same conduct can be a minor offence or a more serious offence depending on the amount, the outcome or the circumstances. Almost the entire defense lies at that borderline:
- Theft: less than 400 euros is minor (fine only); above that, imprisonment of 6 to 18 months.
- Injuries: if only initial medical attention was needed it is minor; if medical or surgical treatment was required, it becomes a serious offence.
- Threats and coercion: the seriousness of the harm announced and the means used determine whether they remain minor or not.
- Damage: the value of the damage decides whether it is a minor offence or not.
Getting an offence to remain minor, or to not even be a criminal offence, is the difference between a fine and a prison sentence.
Lines of defense in a trial for a minor offence
When you’re summoned for a minor offence, the first thing we check is whether there is actually an offence at all. We work on several fronts at once:
- Are the facts not criminal in nature? Many complaints for a minor offence arise from a neighbourly, workplace or family conflict that doesn’t actually amount to a crime.
- Evidence and witnesses. In a minor offence trial everything is decided on the spot: we prepare your witness testimony, documentary evidence and expert evidence where there’s a medical report, and we challenge the prosecution’s evidence.
- Discretionary dismissal. When the facts are of very minor significance, the law allows the case to be dismissed without a conviction.
- Agreement with the complainant. A conciliation or the victim’s forgiveness can bring the proceedings to a close through dismissal.
- Statute of limitations. Minor offences become time-barred after one year (art. 131 of the Criminal Code): if the complaint is filed too late, we request that the case be dismissed.
- Avoiding costly mistakes. Going to trial without a lawyer, without prepared witnesses, or admitting the facts without putting them in context.
24-hour assistance if you've been summoned for a minor offence
Tel. 681 256 507 · [email protected]
What penalties you're facing and how it affects your criminal record
Here’s what you could face for a minor offence:
- Fine: the usual penalty, set as a daily rate based on your income.
- Permanent location order or community service: for certain minor offences.
- Civil liability: compensating for the harm caused, within the criminal proceedings themselves.
Although a minor offence is the lightest category of criminal offence, a conviction is still a conviction: it leaves a criminal record entered in the Central Registry of Convicted Persons, which is cancelled after a short period. As a general rule, criminal records for minor offences don’t count towards the aggravating factor of reoffending, but there are important exceptions: in theft cases, for example, prior convictions (even for minor offences) can aggravate a later case involving multiple reoffending. That’s why it’s worth fighting for a dismissal or acquittal rather than treating the conviction as something minor. And if the judgment doesn’t go your way, we appeal to the Provincial Court within five days (art. 976 of the Criminal Procedure Act, LECrim).
Defence in minor offence cases throughout the Community of Madrid
Minor offence trials in Madrid are held at the Plaza de Castilla Courts of Instruction, and appeals are decided by the Provincial Court of Madrid. We also handle proceedings from 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 just steps away from the main courts in the city centre.
Your minor offence lawyer, privately retained rather than court-appointed
In a minor offence trial you’re not required to have a lawyer, which is why many people go alone or with a court-appointed lawyer and arrive without having prepared their evidence. Choosing your own lawyer through private appointment means the same firm that studies your case is the one who answers your calls, explains every step, and attends the hearing with you. No middlemen: we handle your case ourselves, from start to finish.
Frequently asked questions about minor offence trials in Madrid
Do I need a lawyer for a minor offence trial?
It is not mandatory, but it is highly advisable. In a minor offence trial the evidence is heard on the spot and there is no second chance: if you go unprepared for your witness statement or admit the facts without qualification, you can end up convicted of something that had a valid defence. A criminal defense lawyer prepares the trial and challenges the prosecution’s evidence.
Does a minor offence result in a criminal record?
Yes, a conviction for a minor offence is recorded in the Central Register of Convicted Persons, although it is cancelled after a short period. As a general rule it does not count towards the repeat-offender aggravating circumstance, but there are exceptions: in theft, for example, a previous conviction (even for a minor offence) can aggravate a later case under the multiple-recidivism rule. That is why it is worth avoiding a conviction even if it seems minor.
When does a minor offence become time-barred?
The time-bar for a minor offence is one year from when the events occurred. If you are reported or summoned after that period, we apply for dismissal of the proceedings on the grounds that they are time-barred. We check this when we review your file.
Can I reach an agreement with the complainant?
Yes. In many minor offences, a conciliation with the complainant or forgiveness from the injured party leads to dismissal and closure of the proceedings. We only recommend this when it genuinely improves your position compared with going to trial.
Is a minor offence trial the same as a fast-track trial?
No, they are different procedures. A minor offence is tried in a single hearing before the Court of Instruction and is punished mainly by a fine. A fast-track trial is an accelerated procedure for certain more serious offences (such as drink-driving or theft with arrest in flagrante), which can carry a prison sentence. Confusing the two leads to a poorly prepared defence, so we correctly identify your case from the outset.
Our office at Goya 20, Madrid
Cervantes & García-Escribano Law Firm
Book an initial assessment or call us directly. We attend clients at Goya 20, by phone and by videoconference, with the confidentiality proper to 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 minor offence lawyer in Madrid
A minor offence trial is won or lost in the preparation: the witnesses you bring, the evidence you challenge and the account you present before the judge. Even though it is the lightest type of offence, a criminal conviction is at stake. The sooner you call a lawyer specialising in minor offences, the more room we have to act. We handle minor offence trials in Madrid and throughout Spain. Call us on 681 256 507.
