Criminal Defense Lawyer for Property Crimes in Madrid
If you are accused or arrested for a crime against property (theft, fraud, misappropriation), the exact legal classification determines the sentence, which can range from a fine to imprisonment. Do not make a statement without a lawyer by your side. We will take the call for you. 24-hour line: 681 256 507.
Criminal defense lawyer for property crimes in Madrid, available 24 hours
In these cases, getting the classification right between similar offences changes everything: the sentence, the proceedings and the civil liability. We are criminal defense lawyers in Madrid, focused on criminal law, and we defend both those who have been reported and those who are victims of the crime (acting as private prosecution), always in different cases. We do not represent victims of online fraud. And we handle the case ourselves from start to finish.
Types of property crimes we defend in Madrid
These are the types of property crimes for which we take on your defense in Madrid. We also handle petty theft and fraud committed through computer means (cybercrimes).
Robbery by force or violence
Robbery involving force upon objects (breaking in, climbing, false keys) or violence or intimidation against persons. This is the category carrying a prison sentence, and we fight to establish whether force or violence actually occurred.
Fraud and deception
Fraud and deception: prior deceit that induces a payment. We argue whether that deceit actually existed or whether the matter is in fact a breach of contract, which is a civil matter.
Misappropriation and handling stolen goods: keeping something received for another purpose, or benefiting from the proceeds of someone else’s crime. We work on the intent and the knowledge of the origin.
What we do if you are arrested or summoned for a property crime
Whether you have been arrested or summoned to make a statement, what you do before your first statement shapes the entire 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 defense at that very moment.
We give you the first guidance.
You have the right to remain silent and not to make a statement without your lawyer. We explain what is in your best interest before any appearance.
We go to the court or police station.
A lawyer from the firm travels to the investigating court or the police station, in Madrid city or in the Henares Corridor.
We speak with you in private.
In a private meeting, before you make any statement, we prepare with you the account of 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 handle every statement with care and propose the evidence that supports your position.
We provide this assistance ourselves, 24 hours a day, every day of the year. Madrid city, the Henares Corridor and throughout Spain.
What you are being accused of in a property crime case
Under offenses against property, very different figures can arise, and each carries its own penalty:
- Robbery: involving force upon things or violence or intimidation against persons.
- Fraud: a deception that causes a payment, in its basic and aggravated forms.
- Misappropriation: keeping something that was received to be returned or used for another purpose.
- Damage and handling stolen goods: destroying another’s property or benefiting from the proceeds of an offence.
When it's theft, when it's robbery, and when it's fraud
The line between similar figures determines your sentence, and it is almost always debatable:
- Theft or robbery: the difference lies in whether there was force upon things or violence against persons.
- Fraud or civil breach of contract: without a prior deception that caused the payment, the matter is civil, not criminal.
- Handling stolen goods: requires that you knew the property came from a crime.
Lines of defence against a property crime complaint
Faced with a property crime complaint, we work several lines of defence at once:
- The video evidence. Cameras and police identification are challenged on quality, integrity and identification.
- The deception element in fraud. If there was no prior deception, acquittal is possible, or the case can be redirected to civil proceedings.
- The intent to profit. Acting on someone else’s instructions or without a provable intent to profit may take the case outside the scope of the offence.
- The amount involved. An expert valuation can shift the classification between the minor, basic and aggravated forms.
24-hour assistance if you face a property crime complaint
Tel. 681 256 507 · [email protected]
What penalties you risk for a property crime
This is what you could be facing, depending on the offence and the amount involved:
- Robbery with force: imprisonment of 1 to 3 years.
- Robbery with violence or intimidation: imprisonment of 2 to 5 years, and 5 to 10 years if weapons are involved.
- Fraud: a fine or imprisonment depending on the amount and aggravating factors.
- Misappropriation and damage: a fine or imprisonment depending on the case.
In all cases, civil liability (returning the property or its value) is claimed within the criminal proceedings themselves, without the need to bring separate civil proceedings afterwards.
Defence in property crime cases throughout the Community of Madrid
These cases are investigated by the Madrid Courts of Instruction and tried before the Criminal Courts (for sentences of up to 5 years) or the Provincial Court. We also handle proceedings in the Henares Corridor (Alcalá de Henares, Arganda del Rey, Coslada) and throughout the Community of Madrid, as well as appeals. Our office at Goya 20 is just steps away from the main judicial bodies in the city centre.
Your property crime lawyer, privately retained and not court-appointed
In a property crime case, where almost everything hinges on video evidence, the amount involved and the deception, court-appointed representation covers the formalities but rarely prepares the defence evidence with enough time. Choosing your lawyer through private appointment means that the same firm that studies your case is the one that answers your calls and attends the hearing with you. No intermediaries: we handle your case ourselves, from start to finish.
How we handle your case, step by step
From the first call after being summoned or arrested for a property crime through to the final judgment and any appeal, we work every case with the same method. We apply it equally to a burglary at business premises and to a commercial fraud with multiple victims.
First contact
We assist you directly, by phone or in person, even outside office hours. We identify your procedural situation and activate your defence from that moment.
Case analysis
We review the police report, video evidence, the police identification and your record. When the case warrants it, we bring in an expert valuation of the property, image analysis or forensic accounting in fraud cases.
Strategy and preparation
We design the strategy: challenging whether there was force or violence, questioning the deception, disputing the intent to appropriate, or a plea agreement with a reduced sentence when it genuinely suits you. We prepare each stage together with you.
Defence in court
We defend you at trial before the Criminal Court (Juzgado de lo Penal) or the Provincial Court depending on the sentence, and we appeal or bring cassation proceedings where appropriate.
Frequently asked questions about property crimes in Madrid
What is the difference between theft and robbery?
Theft is taking something without violence or force. Robbery requires force applied to property (breaking in, climbing, using false keys) or violence or intimidation against people. Taking advantage of someone’s carelessness is theft; breaking a lock or using violence is robbery. We assess this in your case at the first consultation.
When does breach of contract amount to fraud?
Breaching a contract is not, by itself, fraud. For it to be fraud there must be a prior deception: an intention to defraud that already existed before the contract, with no real intention or ability to perform it. Without that, the matter is civil.
Does returning the item before trial improve my position?
Yes. Repairing the harm before trial can act as a mitigating factor and open the door to a favourable plea agreement. In property crimes, full reparation can bring the sentence within a range compatible with suspension.
Can the victim bring a private prosecution?
Yes. The victim can join the proceedings as a private prosecutor with their own lawyer and claim compensation within the same criminal case, without having to bring separate civil proceedings. We will tell you where your case stands at the first consultation.
What does the offence of computer damage involve?
This involves deleting, altering or suppressing someone else’s data or programs. It is treated as a cybercrime involving damage and requires proving both the harmful outcome and the perpetrator’s intent. It should be reviewed before any court appearance.
Our office at Goya 20, Madrid
Cervantes & Gª-Escribano Law Firm
Book an initial consultation or call us directly. We meet 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 lawyer for offences against property in Madrid
A property-crime case is won or lost in the first moves: the classification under dispute, the video evidence, and the account given in the first statement. The sooner you call us, the more room we have to act. We assist clients in Madrid and throughout Spain. Call us on 681 256 507.
