Misdemeanors
Criminal defense lawyer specialist in Misdemeanor
What are misdemeanors?
Misdemeanor Lawyers
Misdemeanors are offenses that are punishable by law with a minor penalty. These infractions are facts that are not as serious as a misdemeanor or felony. Misdemeanors are included in the Penal Code.
Examples of minor crimes are theft, misappropriation, fraud, injury, damages for less serious negligence, coercion, abandonment of animals, and omission of the duty to assist.
What is considered a misdemeanor crime in Spain?
As the name indicates, misdemeanors share characteristics with the rest of the crimes, but they also manifest other characteristics that make them of this type.
The main characteristics of misdemeanors are the following:
- Misdemeanors are not punished with prison sentences.
- The statute of limitations for misdemeanors is one year.
- The competent body to judge this type of crime is the examining magistrate.
Esteban Abogados Penalistas
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Penalties for misdemeanors
The penalties for minor offenses are included in Article 33.4 of the Penal Code and are as follows:
- Deprivation of the right to drive motor vehicles and mopeds from three months to one year.
- Deprivation of the right to possess and carry weapons from three months to one year.
- Special disqualification for the exercise of a profession or trade related to animals. In the case of keeping animals, from three months to one year.
- Deprivation of the right to reside in certain places or go to them for over six months.
- The prohibition to approach the victim or those of his relatives or other persons determined by the judge or court for one month to less than six months.
- The prohibition to communicate with the victim or with those of his relatives or other persons determined by the judge or court for a period of from one month to less than six months.
- A fine of up to three months.
- Permanent localization from one day to three months.
- Works for the benefit of the community from one to thirty days.
Our skilled criminal lawyers handle any misdemeanor charges. We carefully evaluate your case, support you at every step of the legal process, and work to reduce charges and punishments.
How are misdemeanors regulated?
Misdemeanors are punished by law with light penalties; these penalties are contained in Article 13.3 of the Penal Code.
These crimes are judged in this way and not any other way because the law considers them less serious than other types of crimes.
Our Criminal Lawyers in Barcelona, experts in Minor Crimes, will advise you on the steps and procedures to follow at all times.
Types of misdemeanors
Minor offenses can be grouped into different types according to the articles that regulate them.
Misdemeanor of minor injuries
Misdemeanor of minor injuries
The crime of minor injuries is punished with articles 147.2 and 147.3 CP, with the penalty of a fine of one to three months, except for the crime of minor injuries in the case of gender violence, which are regulated by Article 153 PC.
Offense of minor threats
This type of crime will only be imputable if there is a complaint from the affected person or their legal representative. Article 171.7 of the PC regulates mild threats, which are punishable by a fine of one to three months.
Minor coercion crime
This type of minor offense will only be imputable if there is a complaint from the affected person or his legal representative. The minor coercion of a person is punishable with a fine of one to three months. This type of crime is regulated by Article 172.3 PC.
Offense of slight insult and vexation.
This type of crime is punished with the penalty of permanent localization from five to thirty days, always in a different domicile and far from the victim, with community service from five to thirty days or with a fine from one to four months. Article 173.4 PC regulates this type of crime. However, article 173.2 of the same Code states that crimes of slight insult or unjust vexation are also considered crimes.
Misdemeanors against the inviolability of the home
It is considered a misdemeanor of inviolability of the home, also known as breaking, the access to the home against the will of its owner, either outside the opening hours, the domicile of a public or private legal entity, a professional office, a commercial establishment or premises open to the public. It is punishable by a fine of one to three months. This offense is regulated by article 203.2 PC.
Minor property and economic crimes
Petty theft for an amount of less than 400€.
Article 234.2 PC regulates the theft of less than 400 euros, which is punishable by a fine of one to three months. There are exceptional circumstances in which the penalty does not correspond to that of the article above; these cases are included in Article 235 of the PC.
The minor offense of theft of personal property
If the stolen item’s value does not exceed 400 euros, the penalty for this type of crime is a fine of one to three months. This crime is regulated by article 236.2 PC.
Illegal use of a motor vehicle
The subtraction or use of a motor vehicle or moped without the corresponding authorization, even when the objective is not to subtract the vehicle, is punishable with community service of thirty-one to ninety days or with a fine of two to twelve months.
Direct or indirect restitution of the vehicle within less than 48 hours is considered vehicle appropriation.
This type of crime is included in article 244.1 of the PC.
Alteration of boundaries with utility of less than 400€.
In this case, the fine penalty will be from one to three months, as stated in Article 246.2 of the Penal Code.
Distraction of water with a utility of less than 400€.
In this case, the penalty is a fine of one to three months, as provided in Article 247.2 of the Penal Code.
The minor offense of swindling for an amount of less than 400€.
According to article 249.2 of the Penal Code, the penalty of fine will be one to three months.
The minor offense of disloyal administration with patrimonial damage of less than 400€.
According to article 252.2 of the Penal Code, the fine will range from one to three months.
Misappropriation of money, effects, or securities for less than 400€.
The fine will be from one to three months, as stated in article 253.2 PC.
Misappropriation of other movable property of others for an amount of less than 400€.
The fine will be from one to two months, as stated in article 254.2 PC.
Fraud of electricity, gas, water, and telecommunications for less than 400€.
The fine will be from one to three months, as stated in article 255.2 PC.
Improper use of another’s telecommunications terminal equipment with damage of less than 400€.
The fine shall be from one to three months, as provided in article 256.2 PC.
The minor offense of damage was for less than 400€.
In this case, the penalty of fine will be from one to three months, as stated in article 263.1.2 PC.
Minor offenses related to the protection of animals
Cruel mistreatment of animals in unauthorized shows
The cruel mistreatment of domestic animals or any other animal in non-legally authorized shows will be punished with a fine of one to six months. Likewise, a penalty of special disqualification of three months to one year may be imposed for the exercise of the profession, trade, commerce, or the possession of animals.
This type of crime is included in article 337.4 PC.
Abandonment of animals
The abandonment of an animal in conditions that may endanger its life or integrity will be punished with a fine of one to six months. Likewise, a penalty of special disqualification of three months to one year may be imposed for the exercise of the profession, trade, commerce or the possession of animals.
This type of crime is included in article 337 bis PC.
Minor offenses of counterfeiting
Use of counterfeit currency whose value does not exceed 400€.
Receiving a counterfeit currency and spreading or distributing it after verifying its falsity is punishable with a prison sentence of three to six months or a fine of six to twenty-four months. This crime is regulated by article 386.3 PC.
If the value exceeds 400 euros, a fine of one to three months will be imposed.
Distribution or use of counterfeit postage stamps or stamped effects with less than 400 Euros.
The distribution of counterfeit postage stamps or stamped effects, knowing them to be counterfeit, is punishable by a prison sentence of three to six months or a fine of six to twenty-four months. This crime is regulated by Article 389 PC.
If the value exceeds 400 euros, a fine of one to three months will be imposed.
Usurpation of functions and intrusiveness.
Improper public use, without authorization, of a uniform, costume, or insignia of an official nature.
Public or improper use of a uniform, costume, or insignia of an official nature is punishable by a fine of one to three months. This crime is regulated by Article 402 bis PC.
Offenses against public order
Lack of respect and consideration due to the authority.
Failure to respect and due consideration to authority is punishable by a fine of one to three months. This crime is regulated by Article 556 of the Penal Code.