What Is a Criminal Lawyer?
A criminal lawyer, also called a criminal defence attorney, defence counsel, or abogado penalista in Spain, is a legal professional who specialises exclusively in defending individuals and organisations accused of criminal offences.
Unlike civil lawyers who handle contracts, property, or family matters, a criminal lawyer operates in the most high-stakes area of the law: cases where the consequences include prison sentences, criminal records, financial penalties, and lasting damage to a person's reputation and future.
In Spain, criminal defence attorneys must hold a law degree (Licenciatura or Grado en Derecho), complete a Master's in Legal Practice (Máster de Acceso a la Abogacía), and be registered with a local Bar Association (Colegio de Abogados). Beyond these requirements, effective criminal defence demands years of courtroom experience, deep knowledge of criminal procedure, and the ability to think strategically under extreme pressure.
What Does a Criminal Lawyer Actually Do?
The work of a criminal defence attorney extends far beyond standing in a courtroom. It begins the moment you are under suspicion, sometimes even before formal charges exist, and continues through every phase of the criminal process.
1. Immediate Legal Assistance at the Police Station
In Spain, when a person is detained, they have the right to legal representation from the very first moment. A criminal lawyer's first and most urgent role is to be physically present at the police station, advise you on your rights, particularly the right to remain silent, and ensure that the police follow proper procedure. This initial intervention can prevent self-incriminating statements that would otherwise damage the entire case.
2. Case Analysis and Strategy Development
Once involved, a criminal lawyer conducts a thorough analysis of the facts, the evidence against you, and the applicable law. This includes reviewing police reports, witness statements, forensic evidence, and any procedural irregularities that could benefit the defence. Based on this analysis, the lawyer develops a defence strategy tailored to your specific circumstances.
3. Representation During the Investigation Phase
In Spain, the investigation phase (fase de instrucción) is led by the investigating judge (Juez de Instrucción). During this phase, your criminal lawyer files motions, requests access to evidence, challenges unlawful searches or seizures, and ensures your rights are protected at every step. The investigation phase is often where cases are won or lost, long before a trial begins.
4. Negotiation and Pre-Trial Resolution
Not every case goes to trial. A skilled criminal defence attorney explores every possibility for resolving the case favourably before trial: seeking dismissals when the evidence is insufficient, negotiating reduced charges (conformidad), or arguing for alternative measures such as suspended sentences. In Spain, the conformidad procedure allows the defence and prosecution to reach an agreement that avoids a full trial, but only if the terms genuinely serve the client's interests.
5. Defence at Trial
When a case does proceed to trial, the criminal lawyer represents you before the court: presenting evidence, cross-examining witnesses, challenging the prosecution's case, and delivering closing arguments. In Spain, criminal trials are conducted before professional judges (or a jury in specific cases such as homicide), and the quality of the oral defence is decisive.
6. Appeals and Post-Conviction Remedies
If the outcome at trial is unfavourable, a criminal lawyer can appeal the conviction to a higher court. Spanish criminal law provides multiple levels of appeal, including appeals to the Audiencia Provincial, the Tribunal Superior de Justicia, the Tribunal Supremo, and in certain cases, the Constitutional Court or the European Court of Human Rights. Each level requires different legal arguments and procedural expertise.
What Types of Cases Does a Criminal Lawyer Handle?
Criminal law in Spain covers an enormous range of offences. A criminal defence attorney may represent clients facing charges including:
Crimes Against Persons
- Homicide and manslaughter
- Assault and bodily harm
- Domestic violence and gender-based violence
- Threats and coercion
- Sexual offences
Economic and Financial Crimes
- Fraud and embezzlement
- Tax fraud and tax evasion
- Money laundering
- Corporate crime
- Insolvency offences
Crimes Against Property
- Theft, robbery, and burglary
- Criminal damage
- Extortion
Drug Offences
- Drug possession with intent to supply
- Drug trafficking and distribution
- Participation in drug-related criminal organisations
Cybercrime
- Online fraud and phishing
- Identity theft
- Unauthorised access to computer systems
- Distribution of illegal content
International and Cross-Border Cases
- European Arrest Warrants
- Extradition proceedings
- International criminal cooperation
- Crimes committed abroad with consequences in Spain
Crimes Against Public Administration
- Bribery and corruption
- Fraud against public institutions
- Abuse of authority
When Do You Need a Criminal Lawyer?
The short answer: earlier than you think. Many people wait until they are formally charged or until a trial date is set before seeking legal counsel. This is a serious mistake. In practice, you should contact a criminal defence attorney the moment any of the following occurs:
You are detained or arrested. This is the most obvious trigger. You have the right to a lawyer from the first second of detention, and exercising that right immediately is critical.
You receive a citation or summons (*citación*). If the police or a court summons you to give a statement, even as a witness, you should consult a criminal lawyer before attending. Witness status can change to suspect status rapidly.
You learn you are under investigation. Sometimes you discover through a third party, a co-worker, or a business partner that the police or a judge is investigating matters connected to you. Do not wait for a formal notification. The earlier a lawyer is involved, the more options exist.
You are a victim of a crime. In Spain, crime victims have the right to participate actively in criminal proceedings through a private prosecution (acusación particular). A criminal lawyer can represent your interests, pursue compensation, and ensure the offender is held accountable.
You face an international legal situation. If you are involved in a case that crosses borders, a European Arrest Warrant, an extradition request, or a crime committed in another country, specialised criminal counsel with international experience is essential.
How to Choose the Right Criminal Lawyer in Spain
Not all lawyers are equal, and in criminal law, the difference between average and excellent representation can be measured in years of freedom. Consider the following criteria:
Specialisation
Choose a lawyer who practises exclusively or primarily in criminal law. A lawyer who handles divorces, property disputes, and occasionally a criminal case does not have the depth of expertise that serious charges demand.
Experience in Your Type of Case
Criminal law is vast. A lawyer with extensive experience in economic crime may not be the ideal choice for a violent crime case, and vice versa. Ask about their track record with cases similar to yours.
Availability
Criminal matters do not operate on a 9-to-5 schedule. Arrests happen at night, on weekends, and on holidays. Your lawyer must be reachable when you need them, not days later.
Language
If you are a foreigner in Spain, communication with your lawyer must be seamless. Misunderstandings in criminal proceedings can have irreversible consequences. Choose a lawyer who speaks your language fluently, not one who relies on occasional interpretation.
Transparency
A good criminal lawyer gives you an honest assessment of your situation, including the risks, from the start. Be wary of lawyers who guarantee outcomes or who are reluctant to explain their fees in detail.
The Difference Between a Private Criminal Lawyer and a Court-Appointed Lawyer
In Spain, if you cannot afford a lawyer, the state will assign you a court-appointed lawyer (abogado de oficio) free of charge. These lawyers are qualified professionals who fulfil an essential role in the justice system. However, there are structural limitations:
- Caseload: Court-appointed lawyers typically handle very high volumes of cases, limiting the time they can dedicate to each client.
- Specialisation: The duty roster assigns lawyers based on availability, not specialisation. You may receive a lawyer whose primary practice area is not criminal law.
- Language: Court-appointed lawyers are assigned from the local bar and are unlikely to speak languages other than Spanish.
- Continuity: In some cases, different court-appointed lawyers may handle different stages of your case, leading to a lack of continuity in your defence.
For serious, complex, or international cases, engaging a private criminal defence attorney who can dedicate the necessary time, expertise, and attention to your case is a decision that frequently proves decisive.
Criminal Defence at Fukuro Legal
Fukuro Legal is a criminal defence firm with offices in Madrid, Palma de Mallorca, Malaga, and Alicante, specialising in complex and international criminal cases. Our team of criminal defence attorneys provides:
- 24/7 emergency legal assistance, we respond immediately when you need us, including at police stations
- Multilingual representation in English, Spanish, German, and Catalan
- Deep specialisation in economic crime, drug offences, cybercrime, crimes against persons, and international criminal law
- Cross-border expertise in European Arrest Warrants, extradition, and international cooperation
- Transparent communication with honest case assessments and clear fee structures
Whether you are facing your first encounter with the criminal justice system or navigating a complex international case, our priority is the same: strategic defence built on precision, discretion, and relentless attention to detail.
Facing criminal charges or under investigation in Spain? Contact Fukuro Legal now for immediate, confidential legal assistance, available 24 hours a day, 7 days a week.
