Theft Lawyer in Madrid
If you are accused of a theft offence, whether in a shop, at work, in a vehicle or at home, what is decided at the first hearing shapes the whole case. Do not give a statement without a lawyer by your side. We take the call ourselves. 24-hour line: 681 256 507.
Theft lawyer in Madrid, available 24 hours
In a theft case, everything hinges on two things: the value of what was taken and your record. That determines whether the case ends in a fine or leads to prison. We are criminal defence lawyers in Madrid, focused on criminal law, and we defend both those accused of theft and those who have suffered it (acting as private prosecution), always in separate cases. And we handle it ourselves from start to finish, without passing you from one lawyer to another.
Types of theft cases we defend in Madrid
These are the types of theft cases in which we take on your defence in Madrid. When the case borders on coercion, threats or minor injuries, we handle those too.
Minor theft
When what was taken does not exceed 400 euros and there are no aggravating circumstances. It is tried as a minor offence and punished only with a fine. We seek to keep it at this level or to have it settled by agreement with the complainant.
Basic theft
Value exceeding 400 euros with no aggravating circumstances, carrying a prison sentence of 6 to 18 months. We contest the valuation of the item to challenge the amount and lower the classification.
Aggravated theft
When an aggravating circumstance applies (multiple reoffending, theft from a commercial premises, essential goods), carrying a prison sentence of 1 to 3 years. We challenge the aggravating factor, particularly by reviewing your record.
What we do if you are arrested or summoned over theft
Whether you have been arrested or summoned to give a statement over theft, 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 situation, and we activate the defence right then.
We give you first 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 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 give your 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 take care over every statement 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 all of Spain.
What you are accused of in a theft offence
Theft («hurto») is taking someone else’s property without violence, intimidation or force, with the intention of keeping it. What changes your situation is the category:
- Petty theft: up to 400 euros, fine only.
- Basic theft: more than 400 euros, imprisonment of 6 to 18 months.
- Aggravated theft: with an aggravating circumstance, imprisonment of 1 to 3 years.
- Unauthorised use of a vehicle: taking a car without intending to keep it, a distinct offence.
Working out which category your case falls into, or taking it outside the scope of criminal law altogether, is the first thing we look at.
When is it theft and when is it robbery (and why you have more at stake)
Whether your case is theft or robbery determines the sentence, and the difference lies in whether there was violence or force:
- Theft: taking something without violence or force.
- Robbery with force against property: breaking in, climbing over, or using false keys, imprisonment of 1 to 3 years.
- Robbery with violence or intimidation: force against the victim, imprisonment of 2 to 5 years (5 to 10 with weapons).
That’s why we challenge the police report if there was genuinely a break-in or contact with the victim, or if it was simply taking advantage of a moment’s carelessness. Getting a robbery charge reduced to theft changes everything.
Lines of defence against a theft complaint
When you’re reported for theft, the first thing we look at is whether an offence genuinely exists and to what degree. We work several angles at once:
- Did you intend to keep the item? Without the intention of permanent appropriation, there is no theft (key in vehicle theft cases).
- The valuation of the item. An expert appraisal can lower the amount involved and reduce the classification of the offence.
- Video evidence. Security recordings are challenged on their quality, their integrity and the identification of the person responsible.
- Your criminal record. In aggravated theft, if previous convictions are spent or eligible to be spent, the repeat-offender aggravation falls away.
- Avoiding costly mistakes. Admitting the facts without qualifying the context, accepting the prosecution’s valuation, or agreeing to a plea in court without first negotiating with the prosecutor.
24-hour assistance if you've been reported for theft
Tel. 681 256 507 · [email protected]
What penalties you're facing and when theft becomes aggravated
This is what you could be facing, depending on the amount involved and any aggravating circumstances:
- Petty theft (up to 400 euros): a fine, through the minor offence procedure.
- Basic theft (more than 400 euros): imprisonment of 6 to 18 months.
- Aggravated theft: imprisonment of 1 to 3 years.
Theft is aggravated, among other cases, when items of artistic value or basic necessities are taken, agricultural produce, goods of particularly high value, taking advantage of a victim’s misfortune, in a shop, or when there is repeat offending (several previous convictions for offences of the same type). Repeat offending is what increases the sentence the most, and at the same time is the aspect most open to challenge by reviewing your criminal record. Civil liability (returning the item or paying its value) is claimed within the criminal proceedings themselves.
Defence in theft cases throughout the Community of Madrid
Cases of theft in Madrid are investigated by the Courts of Instruction and tried before the Criminal Courts of Madrid, or by the same court of instruction itself when it is a minor offence. If you are caught red-handed, the case is handled through fast-track proceedings. 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, as well as appeals before the Provincial Court. Our office at Goya 20 is just steps away from the main judicial bodies in the city centre.
Your theft lawyer, privately instructed and not court-appointed
In a theft case, where almost everything hinges on the valuation of the item, the video evidence and your criminal record, court-appointed legal aid covers the formalities, but rarely prepares the defence evidence with enough time. Choosing your lawyer through private instruction means that the same firm that studies your case is the one that answers your calls, explains every step to you, and attends the hearing with you. No intermediaries: we handle your case ourselves, from start to finish.
How we handle your theft case, step by step
From the first call after being summoned or arrested for theft, through to the final judgment and appeal, we work on every case using the same method. We apply it equally to a minor shop theft and to an aggravated theft involving disputed multiple reoffending.
First contact
We attend to you directly, by phone or in person, even outside office hours. We identify your procedural situation and the content of the complaint, and we activate the defence from that moment.
Case analysis
We review the police report, security footage, the valuation of the item and your criminal record. When the case warrants it, we add an expert valuation or video identification report, seeking to reclassify the case under the more lenient offence.
Strategy and preparation
We design the strategy: challenging intent to appropriate, disputing the valuation of the item, attacking the video evidence, excluding multiple reoffending, or negotiating a plea agreement with a reduced sentence when it genuinely benefits you. We prepare every milestone together with you.
Defence at trial
We defend you at the oral trial before the Criminal Court or, in the case of a minor offence, before the Court of Instruction, and we appeal before the Provincial Court of Madrid when appropriate.
Frequently asked questions about the offence of theft in Madrid
Theft or robbery? What is the difference?
Theft is taking something without violence or intimidation against people and without force against property. It is robbery when something is forced (breaking, climbing, using false keys) or when violence or intimidation is used against the victim. Taking advantage of someone’s carelessness is theft; breaking a lock or using violence is robbery. We will look at this in your specific case during the first consultation.
What is multiple reoffending in theft cases, and what are the consequences?
Multiple reoffending applies when you have already been convicted of several offences of the same type in recent years. Its effect is harsh: what would be a minor theft based on value becomes an aggravated theft, carrying a prison sentence of 1 to 3 years. That is why we check whether your criminal record has been cleared or is eligible to be cleared, since an effective clearance prevents it from being applied.
Does returning the item before trial improve my position?
Yes. Repairing the damage or returning the item before trial can operate as a mitigating factor and open the door to an advantageous plea agreement. In minor theft cases, reaching an agreement with the complainant can lead to the case being dismissed. This should be reviewed before any court appearance.
When does the minor offence of theft become time-barred?
The minor offence of theft has a one-year statute of limitations from the date it occurred. A complaint filed after that period may lead to dismissal on grounds of limitation. We check this when reviewing your case file.
Do I need a criminal defence lawyer in Madrid if I have been reported for theft?
Yes. Even in cases of minor theft, it is worth having a criminal defense lawyer in Madrid, because the classification between minor, basic and aggravated is decided during the investigation stage and makes the difference between a fine and imprisonment. Having a lawyer early on allows you to preserve your version of events, examine the security footage and challenge the valuation of the item. At the first consultation, we will tell you whether your case falls within our area of practice.
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 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 theft lawyer in Madrid
A theft case is won or lost in the first moves: the valuation of the item in dispute, the video evidence and the version of events established in the first statement. The sooner you call us, the more room we have to manoeuvre. We attend to you directly, in Madrid and throughout Spain. Call us on 681 256 507.
