Alabama Title 13A Criminal Code Chapter 8

Study Notes

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.

Description

This quick study guide focuses on Chapter 8 of the Alabama Criminal Code, covering important terms and definitions related to theft and robbery. Utilize these flashcards to understand the legal distinctions and implications of these crimes effectively. A great resource for law students or individuals interested in criminal law.