Robbery & Theft Defence in Marbella
Marbella and the Costa del Sol attract millions of tourists each year, and property crimes — ranging from petty theft on beaches to organised burglary of luxury villas — are prosecuted actively by local police and Guardia Civil. Both tourists and residents face property crime charges, often based on CCTV identification, witness accounts or circumstantial evidence that our criminal lawyer can challenge.
Spanish law distinguishes sharply between different categories of property offence, and the difference between a charge of hurto (theft) and robo (robbery) can mean years in sentencing. Securing specialist legal advice immediately after arrest is essential to ensure your case is properly classified and defended.
Arrested for theft or robbery in Marbella? Do not give any statement without a lawyer present. Call +34 604 54 52 81 now — we attend Marbella police stations within the hour.
Property Crime Offences We Defend in Marbella
- Theft / Hurto — taking property without force or violence (Art. 234)
- Aggravated theft — using vehicles, with accomplices, on vulnerable victims (Art. 235)
- Robbery / Robo con violencia o intimidación — using violence or threats (Art. 242)
- Robbery with force on things / Robo con fuerza — breaking and entering (Art. 238)
- Burglary of homes and villas — significant aggravated sentencing
- Armed robbery — use of weapons or imitation weapons
- Pickpocketing charges — tourist areas, beaches and restaurants in Marbella
- Shoplifting (hurto en comercio) — luxury boutiques and shopping centres
- Vehicle theft — cars, motorcycles, boats
- Receiving stolen property (receptación) — Art. 298
Penalties for Theft & Robbery in Spain
| Offence | Legal Basis | Sentence |
|---|---|---|
| Shoplifting ≤ €400 | Administrative | Fine only |
| Theft / Hurto (>€400) | Art. 234 | 6 months – 3 years |
| Aggravated theft | Art. 235 | 1–3 years |
| Robbery with force (burglary) | Art. 238–241 | 1–5 years |
| Robbery with violence | Art. 242 | 2–5 years |
| Armed robbery | Art. 242.2 | 3.5–5 years |
| Burglary of inhabited premises | Art. 241 | 3–5 years |
| Receiving stolen goods | Art. 298 | 6 months – 2 years |
Robo vs Hurto — Why the Classification Matters
The distinction between robo (robbery) and hurto (theft) under Spanish law has major sentencing implications. Prosecutors sometimes charge robbery when the facts support only a theft allegation — or charge aggravated versions without proper evidence of the qualifying circumstances. Our Marbella theft lawyer challenges improper charge classifications from the outset, often achieving significant sentence reductions through correct legal categorisation alone.
Key Defence Strategies for Theft & Robbery Cases
Challenging Identification Evidence
Many property crime prosecutions in Marbella rely on CCTV footage of varying quality. We commission independent video analysis, challenge identification procedures and scrutinise police line-up (rueda de reconocimiento) procedures for any irregularities.
Disputing Value of Property Taken
The value of property alleged to have been stolen directly affects the severity of the charge. We challenge prosecution valuations using independent appraisals, particularly in luxury goods cases arising in Marbella's high-end retail areas.
Challenging the Use of Force Element
Robbery requires proof of force or intimidation. Where the prosecution cannot clearly establish this element, we argue for reclassification to theft — substantially reducing the available sentence.
Alibi and Witness Evidence
We work quickly to identify and secure accounts from independent witnesses who can place our client elsewhere or contradict the complainant's version of events.
Burglary of Marbella Villas and Properties
Burglary of residential properties — including the many luxury villas and apartments in the Marbella area — is treated particularly seriously by Spanish courts. Article 241 imposes enhanced penalties when burglaries occur in inhabited premises. Our criminal lawyer challenges the quality of forensic evidence, entry method classification and the presence of inhabitants at the time of the alleged offence.