Questions and Answers
What is the definition of theft in Alabama?
What is larceny?
The act of taking something from someone unlawfully.
What class felony is theft of property exceeding $2,500 in Alabama?
Theft of property from $500 to $2,500 is classified as a Class __ felony in Alabama.
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What is the maximum punishment for a Class A misdemeanor in Alabama?
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What constitutes first degree robbery in Alabama?
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What is auto theft?
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Theft does not involve contact between the victim and the thief.
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What is the penalty for unauthorized use of a vehicle without intent to steal?
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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.
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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.
