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
