We recommend using The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the fourth degree. But, the punishment scheme for repeat offenders can drastically ramp up theft crime penalties in Alabama under the Alabama Criminal Code section 13A-8-5. Search Code of Alabama. VALUE. The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the third degree.
© 2020 LawServer Online, Inc. All rights reserved. Read this complete Alabama Code Title 13A. FIFTH WHEEL. Theft of property in the second degree is a Class C felony. We serve clients throughout Alabama, including, but not limited to, those in the following localities: Jefferson County including Bessemer, Birmingham, Fultondale. Sentencing can also include rehabilitative programs and/or probation. LawServer is for purposes of information only and is no substitute for legal advice. But, the punishment scheme for repeat offenders can drastically ramp up theft crime penalties in Alabama under the Alabama Criminal Code section 13A-8-5. The penalty that follows an Alabama theft crimes conviction depends on multiple factors. Theft of property in the fourth degree is a Class A misdemeanor. The theft of property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, constitutes theft of property in the second degree.
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THREAT. Decides It's Finally Time to Enforce Antitrust Laws After 20-Year Hiatus. Felony Theft in Alabama is characterized as Theft of Property 1st degree, Theft of Property 2nd degree, and Theft of Property 3rd degree. To subject the property to the claim of a person other than the owner. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense; provided, that only one conviction may be had and only one sentence enforced for all thefts included in such aggregate.
The theft of any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value, constitutes theft of property in the second degree. Receiving Stolen Property 3rd, Possession of Forged Instrument 3rd, Forgery in the 3rd degree, and; The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree. When you visit our law office, a partner from Polson and Polson will spend time with you and help you understand Alabama misdemeanor or felony theft laws and some of the possible consequences when charged with theft. Obtained by theft, theft by appropriating lost property, robbery, or extortion. Do any other act which would not in itself substantially benefit the actor but which is calculated to harm substantially another person with respect to his or her health, safety, business, calling, career, financial condition, reputation, or personal relationships. I am extremely please with the way this firm handled the case and was able to secure the dismissal. For more detailed codes research information, including annotations and citations, please visit Westlaw.
Alabama Theft laws have various definitions that are important in application to the particular case. The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied. Historically Felonies in Alabama have been classified from A to C, with A being the most serious crimes and C being the least serious. Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property. (b) Receiving stolen property in the first degree is a Class B felony. The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period. These additional Alabama theft laws are divided in to misdemeanor and felony offenses, similar to theft of property. (Ala. Code §§ 13A-8-2, -6, -10 (2020).) In Alabama, the Legislature has enacted its theft laws as misdemeanor or felony.
For example, a Class B Felony cannot be punished with less than two years’ incarceration nor more than 20 years.
Like other property crimes, penalties receiving stolen property depend largely the property's value and the laws of the state where you received the property. I never could have hoped for our lawyer to work as fast as he did but Whitney was lightning fast! A weapon from which a shot is discharged by gunpowder. Class B felonies are the most serious and are punishable by up to 20 years in prison. Next » (a) Receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree. Internet Explorer 11 is no longer supported. Firefox, or In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or. Regardless of which law enforcement agency made the arrest, Whitney Polson and Mark Polson will be familiar with the officers and their police department. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. This usually provides a sense of relief because their Alabama attorney is working hard to obtain the best possible outcome in their criminal case. One of the consequences of the sentencing guidelines, however, is that judges and prosecutors lose some discretion. A bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. FIREARM.
The definition of theft in Alabama also specifically includes: Your criminal defense attorney will explain the difference between an Alabama theft felony and an Alabama theft misdemeanor. Wow!
The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree. It’s also theft to take lost property without using reasonable measures to find the owner. Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion. Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my case...thank you so much sir...I would definitely recommend anyone facing a DUI to retain this man. Class C felonies are next in line for state prison time and can be punished by up to 10 years of imprisonment. The contact form sends information by non-encrypted email, which is not secure. The theft of property that exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value, and which is not taken from the person of another, constitutes theft of property in the third degree. Alabama Theft of Property 1st degree is a Class B felony with a range of penalty from 2 – 20 years and up to a $30,000.00 fine and defined as follows: Alabama Theft of Property 2nd degree is a Class C felony with a range of penalty from 1 year, 1 day – 10 years and up to a $15,000.00 fine and defined as follows: Alabama Theft of Property 3rd degree is a Class D felony with a range of penalty from 1 year, 1 day – 5 years and up to a $7,500.00 fine and defined as follows: Alabama Theft of Property 4th degree is a Class A Misdemeanor with a range of penalty from 0 days – 365 days and up to a $6,000.00 fine and defined as follows: Other Alabama Theft Laws include Theft of Lost Property, Theft of Services, Theft of Valor, Cargo Theft, Theft of Trademark and Theft of Trade Secrets and Receiving Stolen Property.
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