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OFFENCES AGAINST PROPERTY

Criminal Defence: Theft, Robbery and Offences Against Property (Arts. 162, 164 and 166 APC)

If you are charged with robbery, theft, attempted robbery or receiving stolen goods, the outcome turns on two things: legal characterisation and evidence. We act urgently in CABA and Province of Buenos Aires to challenge the charge and protect your liberty.

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If there is a detention or an emergency at the police station: go directly to 24-hour Bail & Release.

Legal characterisation and evidence: what defines the case

We act in cases of theft (Art. 162 APC) and aggravated theft (Art. 163 APC), robbery (Art. 164 APC), armed robbery or robbery in an unpopulated area and by a gang (Art. 166(2) APC), and aggravated robbery (Art. 167 APC). We also act in attempt (Arts. 42 and 44 APC) and receiving stolen goods (Art. 277 APC), as well as in related incidents involving seizures and recovery of objects.

In property offences, the first question is basic but decisive: whether it was robbery or theft, whether the offence remained at the stage of attempt (with a direct impact on the sentencing range), and whether an aggravating circumstance is actually proved — for example, acting as a gang, using a weapon, breaking and entering, or other circumstances under Art. 163 APC as applied to robbery through Art. 167 APC.

The second front is evidence: CCTV footage, witnesses, identification procedures, seizures, police records, geolocation and chain of custody. Many cases collapse when early inconsistencies are challenged and favourable evidence is preserved from day one.

If there was a search or a mobile phone was seized, the case becomes technical: we review the warrant, the grounds, the limits of the procedure and the handling of digital evidence with nullities in mind. Specific guide: searches, stops and mobile phones.

To see criteria and outcomes in similar cases, see our Criminal Case Law Library — Theft and Robbery.

Critical points

Robbery vs. Theft

Force against things or violence/intimidation against persons changes the characterisation. Adjusting the legal framing can change everything — sentence and liberty.

Aggravating circumstances and attempt

The aggravating circumstances (Arts. 163, 166(2) and 167 APC) raise the sentence. Establishing attempt (Arts. 42 and 44 APC) improves the procedural position and can affect bail.

Identifications and CCTV footage

Defective eyewitness identifications, weak chains of custody and misread CCTV footage produce serious errors. We oversee evidence production from the outset.

If there is a detention

When someone is caught in the act, the time limits are short: lawfulness of arrest, seizures, police records and identification procedures must be challenged immediately to prevent remand in custody.

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Charged with robbery or theft? Was there a detention or a search?

Do not make a statement without legal advice. In these cases, a poorly worded phrase or unchallenged evidence can make things significantly worse. Let us build a strategy based on the stage, the characterisation and the available evidence.

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If the urgency concerns a detention: go to 24-hour Bail & Release.

Frequently asked questions

No. Theft (Art. 162 APC) means taking someone else’s property without using force against things or violence or intimidation against persons. Robbery (Art. 164 APC) involves force against things (such as forcing a door) or violence/intimidation against persons. This distinction determines the applicable sentencing range and the entire defence strategy.

For theft, the aggravating circumstances are set out in Art. 163 APC. For robbery, in addition to armed robbery or robbery in an unpopulated area and by a gang (Art. 166(2) APC), there are further scenarios under Art. 167 APC — for example, in an unpopulated area and with a weapon; in a populated area and by a gang; by breaking and entering; or where any circumstance from Art. 163 APC is present. The defence focuses on challenging whether the aggravating circumstance is actually proved, to avoid a heavier sentence.

It means the offence was not completed due to circumstances beyond the accused’s control (Art. 42 APC). In theft and robbery cases, the question of whether the accused had free disposal of the object is often debated. If the offence is characterised as an attempt, the sentence is reduced (Art. 44 APC) — which can also affect the bail position.

Speed is critical: there are short time limits for challenging the lawfulness of the arrest, the seizures, police records and identification procedures. We request immediate measures to prevent the arrest from turning into pretrial detention. See: 24-hour Bail & Release.

It is charged when someone is accused of concealing, acquiring or receiving property derived from a criminal offence without having participated in the underlying act — for example, buying a stolen mobile phone (Art. 277 APC). The defence typically focuses on knowledge of the illicit origin and the evidence linking the accused to the underlying offence.

Yes — it is central. If the weapon was not seized, if there is no reliable corroboration, or if the object was unsuitable or inoperable as a weapon, the legal characterisation may be improved. Police records, witnesses, CCTV footage and expert reports are also reviewed.

We review the judicial warrant, the scope of the procedure and the chain of custody. If there were irregularities — excess scope, absence of witnesses, insufficient grounds — we raise nullities and seek exclusion of evidence. Full guide: searches and seizures.
Theft & Robbery Defence
Hello! If you have been charged with robbery, theft, attempted robbery or receiving stolen goods, or if there has been a detention or a search, we can coordinate urgently. Tell us the stage and jurisdiction.
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