Robbery is one of the most common crimes and, at the same time, one of the most severely punished by law. But how much do you need to steal for an act to be considered a robbery? Often, people may wonder whether their action of taking something without permission falls within the scope of theft or if, on the contrary, it should be classified as a robbery.
In this article, we will explore how the crime of robbery is defined in the Penal Code, its different types, and the factors that determine when an action goes from being a simple theft to a robbery.
What is robbery?
Robbery refers to the act of taking someone else’s property with the intent to profit, but with a crucial difference compared to theft: in robbery, the perpetrator uses violence, intimidation, or force against property to commit the act. This use of force is what distinguishes a robbery from a simple theft.
The Spanish Penal Code states that robbery can have different modalities depending on how it was committed and the circumstances of the crime. The severity of the penalty also varies based on these factors.
What factors increase penalties in a robbery?
The crime of robbery can be aggravated by various circumstances, which increase the penalty. Some of the most common aggravating factors include:
- The use of weapons or dangerous means.
- Robbery in a dwelling or business outside opening hours.
- Excessive or particularly dangerous use of violence or intimidation.
- The involvement of multiple people in the robbery.
How to defend yourself in a robbery case?
If you are accused or a victim of a robbery, it is crucial to have a specialized criminal lawyer who can provide adequate advice by analyzing the circumstances and context of the crime. Depending on the details, there may be mitigating factors that reduce the penalty, such as the return of the stolen goods, remorse, or cooperation with authorities.
Robbery is one of the most serious crimes and is severely punished under the Penal Code. For an action to be considered a robbery, it is not enough for the value of the stolen goods to be high. The key factor is whether violence, intimidation, or force was used against property to carry out the act.
If you are facing a robbery charge or are a victim of robbery, at NIETO ENRIQUEZ ABOGADOS PENALISTAS, we have a team of lawyers specialized in robbery crimes, ready to protect your interests and offer the legal support you need at all times.
Abogada Penalista – Socia fundadora del despacho NIETO ENRIQUEZ Abogados Penalistas. Lidera un equipo de abogados especializados en Derecho Penal y Compliance. Cuenta con amplia experiencia en la dirección jurídica de todo tipo de asuntos penales y en la elaboración de programas de prevención de delitos e imparte formaciones a directivos y empleados en esta materia.
