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Alabama Theft Charges

Overview.

In Alabama there are several different theft and theft related offenses. Theft offenses range in severity depending on the items taken and the value thereof. Theft offenses are some of the most serious offenses and carry some of the longest sentences. Some of the more common theft offenses are:

  • Theft of property
  • Extortion
  • Receiving stolen property
  • Robbery

Theft of Property

Theft of property simply put occurs when a person knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property or knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property. Theft of Property offenses are separated into three (3) degrees.

Theft of property in the first degree.

Theft of property in the first degree is the theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another. Also, the theft of a motor vehicle, regardless of its value is theft of property in the first degree.

Theft of property in the first degree is a Class B felony. A Class B felony is one in which the sentence can be no less than two (2) years and no more than twenty (20) years. A fine may also be imposed for a Class B felony, but it may not exceed $10,000.00.

Theft of property in the second degree.

Theft of Property in the second degree is the theft of property which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another.

Theft of property in the second degree is a Class C felony. A Class C felony is one in which the sentence is no less than two (2) years and no more than twenty (20) years. A fine may also be imposed for a Class C felony, but it may not exceed $5,000.00.

Theft of property in the third degree.

Theft of property in the third degree is the theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another.

Theft of property in the third degree is a Class A misdemeanor. A Class A misdemeanor is one in which the sentence can be no less than one (1) year (which is generally served in the county jail in which you were arrested), and a fine that may not exceed $6,000.00.

Extortion

Extortion occurs when a person knowingly obtains by threat control over the property of another, with intent to deprive him of the property. Extortion is separated into two (2) degrees.

Extortion in the first degree.

Extortion in the first degree occurs when a menace, however communicated, to cause physical harm to the person threatened or to any other person or to subject the person threatened or any other person to physical confinement or restraint

Extortion in the first degree is a Class B felony. A Class B felony is one in which the sentence can be no less than two (2) years and no more than twenty (20) years. A fine may also be imposed for a Class B felony, but it may not exceed $10,000.00

Extortion in the second degree.

Extortion in the second degree occurs when a menace, however communicated, to cause damage to property or engage in other conduct constituting a crime.

Extortion in the second degree is a Class C felony. A Class C felony is one in which the sentence is no less than two (2) years and no more than twenty (20) years. A fine may also be imposed for a Class C felony, but it may not exceed $5,000.00.

Receiving stolen property

Receiving stolen property occurs when a person intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.  Receiving stolen property is separated into three (3) degrees.

Receiving stolen property in the first degree.

Receiving stolen property in the first degree is receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree.

Receiving stolen property in the first degree is a Class B felony. A Class B felony is one in which the sentence can be no less than two (2) years and no more than twenty (20) years.  A fine may also be imposed for a Class B felony, but it may not exceed $10,000.00

Receiving stolen property in the second degree.

Receiving stolen property in the second degree is receiving stolen property which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value.

Receiving stolen property in the second degree is a Class C felony. A Class C felony is one in which the sentence is no less than two (2) years and no more than twenty (20) years. A fine may also be imposed for a Class C felony, but it may not exceed $5,000.00.

Receiving stolen property in the third degree. 

Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the third degree.

Receiving stolen property in the third degree is a Class A misdemeanor. A Class A misdemeanor is one in which the sentence can be no less than one (1) year (which is generally served in the county jail in which you were arrested), and a fine that may not exceed $6,000.00.

Robbery

Robbery is theft by use of force or threats.  Robbery is separated into three (3) degrees.

 Robbery in the first degree.

A person commits the crime of robbery in the first degree if in the course of committing a theft the person: 1.) uses force against the person of the owner or any person present with intent to overpower; or 2.) threatens the owner with imminent use of force with intent to compel compliance to the taking of or escaping with the property; and 3.) is armed with a deadly weapon or dangerous instrument; or 4.) causes serious physical injury to another.

Robbery in the first degree is a Class A felony. A Class A felony is one in which the sentence can be no less than 10 years and no more than life or ninety-nine years. If a deadly weapon, more specifically a firearm was used in this crime the conviction will be twenty years minimum. In the event that the conviction is for capital murder, the accused will receive an immediate sentence of life. Fines are no more than $60,000.

Robbery in the second degree.

A person commits the crime of robbery in the first degree if in the course of committing a theft the person: 1.) uses force against the person of the owner or any person present with intent to overpower; or 2.) threatens the owner with imminent use of force with intent to compel compliance to the taking of or escaping with the property; and 3.) he is aided by another person actually present.

Robbery in the second degree is a Class B felony. A Class B felony is one in which the sentence can be no less than two (2) years and no more than twenty (20) years.  A fine may also be imposed for a Class B felony, but it may not exceed $10,000.00.

Robbery in the third degree.

A person commits the crime of robbery in the first degree if in the course of committing a theft the person uses force against the person of the owner or any person present with intent to overpower or threatens the owner with imminent use of force with intent to compel compliance to the taking of or escaping with the property.

Robbery in the third degree is a Class C felony.  A Class C felony is one in which the sentence is no less than two (2) years and no more than twenty (20) years. A fine may also be imposed for a Class C felony, but it may not exceed $5,000.00.

*Claim of right is not defense in robbery prosecution.

Defense against theft offenses

 A theft offense conviction can seriously impact your life. A conviction may cause you to be labeled a felon, effect current and future job opportunities, cost you your right to vote, the right to bear arms, etc. When you are faced with the serious consequences of one of these charges you need an attorney with experience and who can dedicate time to your case. The Beard Law Group is ready to serve and defend.

*Information contained herein was derived from The Code of Alabama 1975