Alabama Title 13A Criminal Code Chapter 8

Theft and Robbery Overview

• Theft, also known as larceny, involves unlawfully taking someone else's property with the intent to permanently deprive them of it.
• Common theft crimes include grand theft, petty theft, embezzlement, robbery, and receiving stolen property.

Larceny

• Defined as unlawfully taking property from someone.

Theft Classification in Alabama

• Theft offenses are classified based on property value and the circumstances surrounding the crime.
• Notable types of theft include pick-pocketing, shoplifting, and writing bad checks.
• Potential penalties range from imprisonment to fines, determined by the property's value.

Definition of Theft in Alabama (13A-8-2)

• Defined as knowingly exerting unauthorized control over someone else's property with the intent to deprive the owner.
• Includes deception for obtaining property and possession of stolen property in law enforcement's custody.

Theft of Property - 1st Degree (13A-8-3)

• Classified as a Class B felony for property exceeding $2,500 in value or involving theft of a motor vehicle.
• Imprisonment ranges from two to twenty years; fines can reach $30,000.

Theft of Property - 2nd Degree (13A-8-4)

• Classified as a Class C felony for property valued over $500 but less than $2,500.
• Specific items such as credit/debit cards, firearms, and livestock lead to this classification regardless of value.
• Punishment includes one year and one day to ten years imprisonment and fines up to $15,000.

Theft of Property - 3rd Degree (13A-8-5)

• Classified as a Class A misdemeanor for property valued at less than $500.
• Punishable by up to one year in prison and fines no greater than $6,000.

Auto Theft

• Alabama law encompasses unauthorized vehicle use, joy riding, breaking and entering a vehicle, and general theft of motor vehicles.

Definition of Motor Vehicle

• Refers to "propelled vehicles" which include cars, motorcycles, motorboats, and airplanes.

Theft of a Motor Vehicle

• Committed when one unlawfully exerts control over another's vehicle with the intent to deprive the owner.
• Classified as first degree theft (Class B felony) with penalties ranging from two to twenty years.

Breaking and Entering of a Vehicle

• Involves unlawfully entering a vehicle with intent to commit theft or a felony.
• Classified as a Class C felony, punishable by one year and one day to ten years in prison.

Unauthorized Use of a Vehicle

• Occurs when a person uses a vehicle without the owner's consent, without intent to steal.
• Carjacking (taking a vehicle by force) is treated as a Class B felony; all other unauthorized uses are Class A misdemeanors.

Robbery Overview

• Defined as taking property from someone using force or threats.

Robbery Classification

• Involves taking property directly from an owner with personal contact and force.
• Severity of punishment increases with the value of property taken.

Armed Robbery in Alabama

• Involves the use or threat of a deadly weapon, classified as first degree robbery.
• Penalties include ten years to life in prison and significant fines, enhanced for individuals with prior felony convictions.

Robbery - 1st Degree (13A-8-41)

• Classified as a Class A felony if committed with a deadly weapon or causing serious injury.

Robbery - 2nd Degree (13A-8-42)

• Classified as a Class B felony if aided by another person present during the robbery.

Robbery - 3rd Degree (13A-8-42)

• Classified as a Class C felony for using force or threats to gain compliance from a victim.