Public Disorder Lawyer in Madrid
If you are being investigated for public disorder following a demonstration, a rally or a mass event, you face up to three years’ imprisonment for the basic offence and up to six years in aggravated cases. And, above all, a criminal record for something that happened in the middle of a crowd. Do not give a statement without a lawyer by your side. We’ll take the call. 24-hour line: 681 256 507.
Public disorder lawyer in Madrid, available 24 hours
In public disorder cases, the case is built almost always on video evidence and police testimony, and almost everything is decided on two points: whether it is genuinely proven that you were the one who did what is alleged, and whether the facts meet the legal definition that protects public peace. We are criminal defense lawyers in Madrid, focused on criminal law, and we defend demonstrators, people attending rallies and individuals arrested during riots or mass events. We handle your case from start to finish, without passing you between lawyers.
Offences against public order and authority we defend in Madrid
These are the offences against public order and authority for which we take on your defense in Madrid. Public disorder rarely comes on its own: it is usually combined with assault on authority, resistance and criminal damage. Each has its own page and its own strategy.
Disturbance of public order
Taking part in a disturbance of public order that endangers collective safety, typically during a demonstration or rally (article 557 of the Criminal Code, CP). This is the basic form of the offence.
Aggravated public disorder
When there is use of weapons or blunt objects, particular violence, or group action involved. The penalty increases, and each aggravating factor must be challenged individually.
When, in addition, there was an assault or serious intimidation against officers. This is a separate and more serious offence, which we fight independently.
When what occurred was only non-serious opposition or disobedience to an order, without the collective disturbance of public order.
When to call a criminal defense lawyer specialising in public disorder
In a public disorder case, almost everything is decided in the first few hours and on the video evidence. Call us if:
- You have just been arrested at a demonstration, rally or mass event.
- You have been summoned to give a statement as someone under investigation for events that occurred during a disturbance.
- You have been identified on a police recording and subsequently received a summons.
- You have received an administrative penalty file under the Citizen Security Law in addition to the court notice.
- There are police recordings or videos of the incident that you have not yet seen.
- You are also being accused of assault on authority, resistance, criminal damage or injuries.
- You are a minor, or a minor is involved in the events.
- Your court-appointed lawyer is not responding and you need a criminal defense lawyer who will answer the phone.
Expert criminal defense lawyers in public disorder cases in Madrid
In a public disorder offence, almost everything is decided on the evidence of who did what. Here is what we do differently:
We request the demonstration footage
We request police recordings, footage from street cameras and from witnesses: at a demonstration, the recording is the evidence that separates the person who took part from the person who was simply there.
We challenge your identification within the crowd
We challenge your specific identification within the crowd: criminal liability is individual, not collective.
One lawyer, from start to finish
Whoever answers your call is the one who represents you at the hearing. We do not pass you from one lawyer to another.
We coordinate the criminal and administrative proceedings
We coordinate the criminal defense with the file opened under the Citizen Security Law, so that fines do not harm your position.
What we do if you are arrested at a demonstration for public disorder
These cases are often dealt with through a fast-track trial and are built on recordings and police identifications. Whether you have been arrested at the demonstration or are summoned afterwards, this is what we do for you from the first call:
We take your call.
We identify the court, the content of the police report and your procedural status, and we activate the defense from that 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 the hearing.
We go to the duty court.
A lawyer from the firm travels to the duty court, in the city of Madrid or in the Henares Corridor, and attends the first statement.
We request the full recordings.
We request the complete recordings (not just the fragments used by the prosecution) from body cameras, the surrounding area and traffic cameras: context often changes the meaning of the act.
We contest your identification.
We challenge whether the evidence truly proves that you, specifically, were the one who did what is recorded in the police report: in collective cases, many charges fall apart at this point.
We handle this assistance ourselves, 24 hours a day, every day of the year. The city of Madrid, the Henares Corridor and the whole of Spain.
What you are accused of in a public disorder offence
The offence of public disorder (art. 557 of the CP) punishes disturbing public order by acting as part of a group and with violence or intimidation, in such a way that the safety or physical integrity of people or property is endangered. The 2022 reform reorganised this offence. Its forms are:
- Basic form: disturbance of public order at a demonstration, gathering or mass event.
- Aggravated form: involving the use of weapons or blunt objects, particular violence, or commission by an organised group.
Exercising the right of assembly and demonstration is not a crime: taking part in a protest, even one that turns tense, is not enough on its own. There must be a genuine disturbance of the public peace, with risk to people or property. Distinguishing this is the first thing we work on.
Public disorder, assault on authority or administrative offence: how the facts are classified
The same actions during a demonstration can be classified in several different ways, and almost the entire penalty depends on this:
- Public disorder: a collective disturbance of order posing a risk to persons or property.
- Assault on authority: if there was a serious assault or intimidation against officers. A separate and more serious offence.
- Resistance or disobedience: individual, non-serious opposition to officers.
- Administrative infringement: many conduct occurring at a gathering is punished under the Public Safety Law, without a criminal record.
Getting disorder charges reduced to a simple administrative fine, or ensuring aggravating factors aren’t attributed to you, is the difference between prison and a case that leaves no trace.
How we defend a public disorder charge: identification and video evidence
In public disorder cases, video evidence and individual identification decide almost everything. We work several lines of defence at once:
- Challenging the identification. We question whether the police can prove that you were the person who did what is recorded in the police report. In collective cases, many charges collapse here.
- Requesting the full recordings. Not just the fragments selected by the prosecution: the complete footage often changes the meaning of the events.
- Challenging the classification of the offence. The offence requires a disturbance of order with a real risk to persons or property; an isolated incident is not public disorder.
- Attacking each aggravating factor individually. Whether that object was yours, whether it’s attributed to you merely because of proximity, whether the violence was foreseeable.
- Mitigating factors and plea agreements. Repairing the damage, intoxication, or a minor degree of involvement, when properly evidenced, can reduce the sentence.
24-hour assistance if you've been reported for public disorder
Tel. 681 256 507 · [email protected]
Prison sentences for public disorder and the effect on your criminal record
This is what’s at stake, depending on how the offence is classified:
- Public disorder, basic offence: imprisonment from six months to three years, or a fine.
- Aggravated public disorder: up to six years when weapons, dangerous objects or particular violence are involved.
- Administrative infringement: only a fine, with no criminal record.
Beyond the sentence itself, the criminal record is the most lasting harm: any conviction, even if suspended, is recorded and can close doors to public examinations (oposiciones), professional licences (private security, driving, healthcare) and immigration procedures. On top of this, there is civil liability for damage to street furniture, vehicles or equipment, which in serious riots can be very high. And if you have also been served with proceedings under the Public Safety Law for the same acts, the principle of non bis in idem prevents double punishment: we coordinate both proceedings.
Defence against public disorder charges throughout the Community of Madrid
Cases involving public disorder offences in Madrid are investigated at the Plaza de Castilla Examining Courts and tried at the Criminal Courts of Madrid, with appeal to the Provincial Court. 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, and we travel to the duty court to assist detainees following a demonstration. Our office at Goya 20 is just steps away from the main judicial bodies.
Your public disorder offences lawyer, privately instructed rather than court-appointed
In a public disorder case, where almost everything hinges on video evidence and identification, court-appointed legal aid covers the basic proceedings, but rarely has time to request the full recordings and prepare a proper defense. Choosing a specialist public disorder offences lawyer through private instruction means that the same firm studying your case is the one who answers your call, explains every step and attends the hearing with you. No intermediaries: we handle your case ourselves, from start to finish.
Frequently asked questions about public disorder offences in Madrid
Is it a crime to take part in a demonstration that gets out of hand?
No. Exercising the right of assembly and demonstration is a right, and taking part in a protest that becomes tense is not, in itself, a crime. The offence of public disorder (article 557 of the Criminal Code (CP)) requires a disturbance of public order carried out as a group and with violence or intimidation, posing a real risk to people or property. Whether your conduct meets that threshold is the first point to be argued.
Can I be convicted just for being at the scene?
Simply being there is not enough. In collective cases, the first line of defense is whether the evidence proves that you, specifically, did what you are accused of. Many charges rely on collective identifications, blurry stills or generic testimony, and these fall apart when examined one by one.
There's a video of the incident: can I request it?
Yes, and we always request the full recordings, not just the excerpts selected by the prosecution. Body-worn cameras, surrounding CCTV and traffic cameras show the context and often contradict the police report or make clear that you are not the person seen doing what is alleged.
Will I have a criminal record if I'm convicted of public disorder offences?
Yes. Any criminal conviction results in a criminal record, even if the sentence is suspended. A criminal record can bar you from public-sector exams, certain licences (private security, professional driving) and immigration procedures. That is why we fight over the legal classification of the offence, the identification, or seek an acquittal whenever there is room to do so.
I've been served with a disciplinary file under the Public Security Law and I'm also being summoned to court: is that legal?
Not automatically. The principle of non bis in idem prevents the same facts from being punished twice. If the administrative fine under the Public Security Law becomes final before the criminal judgment, it can be invoked to avoid a conviction; if the criminal judgment comes first, the administrative penalty is dropped. The two proceedings need to be coordinated.
Our office at Goya 20, Madrid
Cervantes & Gª-Escribano Law Firm
Book an initial consultation or call us directly. We are available at Goya 20, by phone and by video call, 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 – 19:00 (assistance to detainees 24/7)
Call a public disorder lawyer in Madrid
A public disorder case is won or lost on identification and video evidence: whether it is genuinely proven that it was you and whether the facts meet the elements of the offence. The sooner you call a lawyer specialising in public disorder offences, the more room we have to request the full recordings. We assist clients in Madrid and throughout Spain. Call us on 681 256 507.
