At Soler Martín Abogados, we specialize in the defense of accusations of criminal damage, a crime against property that includes the destruction or deterioration of other people's property. Regulated by the Spanish Penal Code, this type of infraction can carry significant penalties, depending on the value of the damage and the circumstances in which it occurred.
What are tort crimes?
The crime of damage occurs when a person, with intent, causes the destruction or deterioration of property belonging to third parties, affecting its value or utility. This crime can range from the total destruction of a property to the creation of partial or temporary damages that affect its integrity or functionality. Unlike other patrimonial crimes, the damage does not imply the subtraction of property, but a direct affectation of the same.
The Spanish Penal Code The Spanish Penal Code typifies this crime in articles 263 to 267, establishing different penalties depending on the type of damage and the aggravating circumstances that may arise, such as the value of the goods, the method used, or the recidivism of the offender.
Types of damage crimes
There are different types of damages, which may vary in severity depending on the circumstances of the crime:
- Simple damages: These refer to the destruction or deterioration of property without aggravating elements. They are usually punished with fines or imprisonment depending on the value of the property.
- Aggravated damages: Aggravated damages are considered to be those committed to property of special value, in cases where dangerous means such as fire or explosives are used, or when the damage affects infrastructures of public use, such as electricity or water supply systems.
- Damage due to gross negligence: In this case, the damage is not intentional, but is caused by negligence or recklessness on the part of the offender, which can also result in significant penalties.
Legal consequences of the crime of damage
Penalties for damages depend on the value of the property affected, the method used and whether aggravating circumstances exist. The most common penalties include:
- Prison: In the most serious cases, such as those involving the use of dangerous means or where the value of the damage is considerable, prison sentences can range from 1 to 3 years.
- Fines: In addition to prison sentences, the offender may face fines proportional to the value of the damage caused.
- Indemnification: The responsible party may be required to indemnify the owner of the damaged property for the damages caused, which includes both the value of the property and consequential damages.
Defense strategies in damage cases
At Soler Martín Abogados, we design customized defense strategies based on the specific characteristics of each case. Some of the most common tactics include:
- Demonstrating lack of intent: In some cases, it is possible to argue that the damage was not caused with the deliberate intent to injure, which could reduce penalties or avoid conviction.
- Question the evidence: We carefully analyze the evidence presented by the prosecution to detect possible irregularities or inadequacies that can be challenged.
- In situations where the damage was caused in a reckless but not serious manner, it is possible to seek a reduction of the penalties or to reach a plea bargain with the prosecution.
Why choose Soler Martín Abogados?
At Soler Martín Abogadoswe have extensive experience in the defense of tort crimes. We offer a personalized approach to each case, analyzing the particularities of the situation and seeking the best legal solutions for our clients. Our team of criminal lawyers is committed to protecting the rights of our clients and minimizing the legal consequences they may face.
Conclusion
If you are facing an accusation of damages, it is essential to have a solid and well-structured legal defense that protects your rights. At Soler Martín Abogados, we are prepared to provide you with effective and personalized representation. Contact us today for legal advice and assistance with your case.
