At Soler Martín Abogados, we are specialists in the defense of the crime of theft, a property crime that consists of the theft of property without the use of force or violence. Although theft does not involve the use of intimidation, it can have important legal consequences, especially when the stolen goods have a significant value or when there is recidivism.
What is the crime of theft?
Theft is defined as the misappropriation of another's property without the use of violence or intimidation. In other words, it is committed when a person takes possession of a good without the consent of its owner and without applying force. This crime is regulated in articles 234 and following of the Spanish Penal Code. Spanish Penal Code and can occur in various situations, such as in stores, homes or public spaces.
Unlike robbery, theft is characterized by the absence of violence or threat, although the legal consequences can be equally serious, depending on the value of the stolen goods and whether there are aggravating circumstances such as habitual use or the violation of security measures.
Types of theft
There are several types of theft, which can vary in severity depending on the circumstances of the crime:
- Basic theft: This refers to the theft of goods whose value does not exceed 400 euros. This type of theft may be considered a misdemeanor or petty offense.
- Aggravated theft: Occurs when the value of the stolen goods exceeds 400 euros or when the crime is committed under aggravating circumstances, such as repeated offenses or group action.
- Particularly serious theft: This type of theft refers to theft committed in particularly serious situations, such as theft from homes or the use of technological means to breach security measures.
Legal consequences of theft
The penalties for theft vary according to the seriousness of the offense. In cases of basic theft, the penalty may consist of a fine proportional to the value of the stolen property. However, in cases of aggravated theft or when there is recidivism, the penalties may include:
- Prison: Prison sentences for theft usually range from 6 months to 3 years in the most serious cases.
- Fines: In many cases, in addition to imprisonment, the offender may face significant fines depending on the value of the stolen goods.
In addition to criminal consequences, individuals convicted of theft may face repercussions in their personal and professional lives, affecting their job opportunities and reputation.
Theft defense strategies
At Soler Martín Abogados, we design effective and personalized defense strategies to deal with theft accusations. Some of the tactics we employ include:
- Proving lack of intent: In many cases, it is possible to argue that the defendant did not intend to commit the crime, which may mitigate the consequences or even lead to acquittal.
- Challenge the evidence: We analyze in detail the evidence presented to challenge those that do not comply with the legal requirements or that may have been obtained in an irregular manner.
- Plea bargaining: In cases where it is advantageous, we seek agreements with the prosecution to reduce sentences or avoid a trial.
Why choose Soler Martín Abogados?
Our experience in the defense of property crimes, such as theft, allows us to offer specialized legal advice tailored to the needs of each client. We understand that facing a criminal charge can be a distressing experience, which is why we provide close, strategic and results-oriented legal representation.
Conclusion
If you are facing an accusation of theft, it is essential to have a qualified criminal defense to help you protect your rights and minimize the legal consequences. At Soler Martín Abogados, we are prepared to provide you with a solid and personalized defense. Contact us at today for legal advice and assistance.
