Threats Lawyer in Madrid
If you are reported for threats made via WhatsApp messages, social media or an argument that got out of hand, what is decided at the first court appearance shapes the whole case. The line between bravado and a criminal offence is a narrow one. Do not give a statement without a lawyer. We will take the call for you. 24-hour line: 681 256 507.
Threats lawyer in Madrid, available 24 hours
Many reports for threats arise from an argument that got heated and in which something was said in the heat of the moment. The key question is whether that actually amounts to a criminal offence or not. We are criminal defense lawyers in Madrid and we defend both those who have been reported for threats and those who have suffered them, always in separate cases: never both parties. And we handle it ourselves from start to finish, without passing you between different lawyers.
Types of threats cases we defend in Madrid
These are the types of threats cases in which we take on your defense in Madrid. When the case borders on coercion or minor injuries, we handle those too.
Serious threats
Defense when serious threats are attributed to you, i.e. those announcing harm that constitutes a criminal offence. This is the category carrying a prison sentence, especially if the threat is conditional, and redirecting the case can change the outcome.
Minor threats
A lesser threat is tried as a minor offence and punished with a fine. We seek to have the case reclassified into this category, to argue that it does not constitute an offence due to being mere bravado, or to reach an agreement with the complainant.
Threats via WhatsApp and social media
Most threats are reported based on WhatsApp messages, voice notes or social media. We challenge authorship with computer forensic evidence and examine the actual context of the conversation, because a screenshot does not prove who wrote it.
What we do if you are reported or summoned for threats
Whether you have been arrested or summoned to give a statement over threats, what you do before your first statement conditions the entire case. Here is what we do with you from the moment you call:
We answer your call.
We identify the court or police station, the content of the complaint and your procedural situation, and we activate the defense 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 best for you before any court appearance.
We go to the court or police station.
A senior lawyer travels to the investigating court or police station, whether in Madrid city or the Henares Corridor.
We speak with you privately.
In the 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 questioning.
Before the judge and, where applicable, before the police, we handle each statement carefully and put forward 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.
Why many threats are bravado and not a criminal offence
Not every remark said out of turn amounts to a criminal offence of threats. To qualify as one, it has to announce a serious and specific future harm, with genuine intimidating force, that truly instils fear in the person receiving it. That’s why the first line of defence is usually the «bravado» argument: something blurted out in the heat of an argument, with no real intention of carrying it out, is normally not a criminal offence. To assess this we look at three things:
- The context. The situation in which the remark was made.
- How specific it was. Whether it announced a serious and determinate harm or was simply an outburst.
- The relationship between you.
Whether or not an offence has been committed depends on this.
Criminal defence for threats made via WhatsApp and social media
Nowadays most threat complaints are based on WhatsApp messages, voice notes or social media posts, and there the evidence opens up two lines of defence:
- Authorship. A screenshot alone does not prove who wrote the message or from which device; when this is in dispute, it is advisable to request a forensic IT expert report.
- The content and the context. The real meaning of the message, whether it was part of a tense, two-way exchange, and whether its wording genuinely carried intimidating force.
We work on both fronts from the investigative stage, before the charge becomes fixed.
How we distinguish a threat from coercion
Threats are easily confused with coercion, and telling them apart correctly is key:
- Threatening. Announcing harm for a later time.
- Coercion. Forcing you to do something here and now.
The same argument can involve elements of both, and what the police report states at the outset is not always accurate. Getting the charge classified as a minor threat, or showing that it is not even a criminal offence at all, completely changes what is at stake for you.
24-hour assistance if you face a complaint for threats
Tel. 681 256 507 · [email protected]
What penalties you face for a threats offence
The penalty varies according to the seriousness of the harm announced and according to whether the threat is conditional on some demand or not:
- Threat of harm constituting a criminal offence, non-conditional: imprisonment from six months to two years.
- Conditional threat (a sum of money is demanded or a condition is imposed): imprisonment from one to five years if the aim is achieved, and from six months to three years if it is not.
- Threat of harm not constituting a criminal offence: lesser penalties, and a minor threat is tried as a minor offence with a fine.
Serious threats are handled through the abbreviated procedure before the Madrid Criminal Court (Juzgado de lo Penal); minor ones through the trial for minor offences before the Court of Instruction (Juzgado de Instrucción), where an agreement with the complainant leading to discontinuance of proceedings is frequently possible.
Defence in threats cases throughout the Community of Madrid
Cases involving threats offences in Madrid are investigated by the Examining Courts (Juzgados de Instrucción) of Plaza de Castilla and are tried before the Criminal Courts of Madrid or, in the case of minor offences, by the examining court itself. 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 threats offence lawyer, privately retained, not court-appointed
In a threats case, where almost everything turns on the legal classification and the proof of context, court-appointed legal aid covers the formal steps, but rarely prepares in good time the digital forensic evidence and the defence strategy based on the statement being a mere outburst rather than a genuine threat. Choosing your lawyer through private retainer means that the same firm that reviews your complaint is the one who answers your calls, 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 threats case, step by step
From the first call after receiving a court summons through to the final judgment and appeal, we work every case using the same method. We apply it equally to serious threats and to minor offences.
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 get the defence underway from that moment.
Case analysis
We review the complaint, the screenshots and messages, the audio recordings, the witnesses and any prior record. When authorship is in dispute, we request digital forensic evidence from the outset.
Strategy and preparation
We design the technical strategy: challenging whether the harm announced was genuinely capable of intimidating, arguing that the statement was a mere outburst and not a genuine threat, seeking reclassification as a minor offence and, where appropriate, reaching an agreement with the complainant. We prepare every milestone together with you.
Defence at the hearing
We defend you at the trial before the Criminal Court or, in the case of a minor offence, before the Examining Court, and we file an appeal before the Provincial Court of Madrid when appropriate.
Frequently asked questions about the offence of threats in Madrid
Can a WhatsApp threat be proven with just the screenshot?
Not on its own. A screenshot proves the apparent content, but it does not establish who wrote the message or from which device. When authorship is disputed, it is advisable to request digital forensic evidence, and that reasonable doubt is a genuine line of defence.
I said something serious during an argument. Is that always a criminal offence?
Not necessarily. A statement made in the heat of an argument, without any serious intention of carrying out the announced harm, is often considered a mere outburst that does not amount to a criminal offence. What matters is the context, how specific the statement was and whether it had a genuine capacity to intimidate. It is advisable not to give a statement without assessing this beforehand.
When is the offence of threats classified as minor?
The offence of threats is classified as minor when the harm announced is of little significance or is expressed in a way that does not reach the seriousness of the main offence. It is tried as a minor offence, punishable by a fine, before the Examining Court. Getting a serious threat reclassified as the minor form can significantly change the outcome.
What is the difference between conditional and unconditional threats?
Conditional threats demand something in exchange for not carrying out the harm (a sum of money, certain conduct); unconditional threats simply announce the harm. Conditional threats, when the aim is achieved, carry a heavier penalty. That is why establishing whether or not there was a condition is relevant to the defence.
Can the person threatened join the proceedings as a private prosecutor?
Yes. The person subjected to the threat may join the proceedings as a private prosecutor to advance the case and claim civil liability. We take on that representation when the instructions allow it, always in separate proceedings: we never defend both the person making the threat and the person being threatened at the same time.
Our office at Goya 20, Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We attend clients at Goya 20, by phone and by video call, 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 am – 7:00 pm (assistance to detainees 24/7)
Call a threats lawyer in Madrid
A threats case is won or lost in the first steps: the classification under discussion, the evidence of authorship, and the account given in the first statement. The sooner you call us, the more room we have to act. We assist you directly, in Madrid and throughout Spain. Call us on 681 256 507.
