What is the difference between robbery and theft?

The main difference between robbery and theft lies in the use of force or violence. Robbery involves the use of force on objects (such as breaking a lock) or violence or intimidation against people to take someone else’s property. Theft, on the other hand, occurs without using any of these means, taking objects without the victim noticing or actively confronting it.

Definition of theft

Theft is a crime that consists of taking someone else’s property without consent and without resorting to violence or intimidation. The act is generally stealthy or discreet, and the victim is usually unaware until after the fact.

Common examples of theft

• Taking a wallet from inside a jacket without the person noticing.
• Taking products from a store without paying and without the staff noticing at the time.

It is considered a less serious crime than robbery, although its severity can increase if the value of the stolen property is high.

Definition of robbery

Robbery also involves taking someone else’s property, but with the difference that force or violence is used. This can refer to force against objects (forcing doors, breaking windows, disabling alarms) or violence or intimidation against people (threats, pushing, weapons).

Common examples of robbery

• Breaking into a home by forcing a lock.
• Threatening someone with a weapon to make them hand over their bag or mobile phone.
• Breaking a car window to steal items inside.

Robbery is considered more serious than theft because it endangers people’s safety or causes greater harm.

What types of robbery and theft exist?

The law contemplates various forms of robbery and theft, depending on the method of execution and aggravating circumstances:

Types of theft

• Petty theft: If the value of the stolen property does not exceed 400 euros, it is considered a minor offense with lighter penalties.
• Aggravated theft: When there is repeat offending, items of special value are stolen, or it occurs in particularly harmful circumstances.
• Desperate theft: Stealing to meet basic needs. Although still a crime, in some cases it may be considered mitigated.

Types of robbery

• Robbery with force against property: Involves forcing locks, breaking doors or windows, using picks or other means to access goods.
• Robbery with violence or intimidation: Direct action against the victim, either through physical aggression or verbal threats.
• Robbery by scaling: Climbing walls, balconies, or accessing through roofs to commit the crime.
• Robbery in an inhabited dwelling: Aggravated if committed in a home when occupants are present, even without direct violence.

Each type carries different penalties and may involve additional civil liabilities, such as compensation.

Legal considerations

Under the Spanish Criminal Code, both robbery and theft are classified as crimes but are punished differently:

• Basic theft is punishable by 6 to 18 months in prison if the value of what was stolen exceeds 400 euros.
• Robbery, depending on whether it is committed with force against property or with violence against people, can carry penalties from 1 to 5 years in prison, or more if aggravating factors are present.

Although they are often used interchangeably in everyday language, robbery and theft are different crimes with distinct legal consequences. The key is whether violence, force, or intimidation has been used to commit the act.

If you have been accused of robbery or theft, or if you need to file a complaint as a victim of either, it is essential to have the support of an experienced criminal lawyer. At Nieto Enríquez Abogados Penalistas, criminal lawyers in Barcelona and Madrid, we offer solid, expert, and personalized defense in robbery and theft cases.