Once someone speaks to our Alabama attorneys, he or she can understand how to mitigate their theft penalties in Alabama. OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS UNAUTHORIZED CONTROL over property includes, but is not necessarily limited to, the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of, property, and includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses. The United States, any state or any county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Theft of property in the second degree is a Class C felony. Felony Theft in Alabama is characterized as Theft of Property 1st degree, Theft of Property 2nd degree, and Theft of Property 3rd degree. Failure to perform, standing alone however, is not proof that the defendant did not intend to perform. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value, constitutes theft of property in the second degree. GOVERNMENT. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Typically, people are interested in retrieving their property so, if the option of returning property is available, attorneys will negotiate for that outcome as well. Copyright © 2020, Thomson Reuters. (b) Receiving stolen property in the second degree is a Class C felony. (a) Any of the following constitutes receiving stolen property in the second degree: (1) Receiving stolen property that is between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value. (2) Receiving stolen property of any value under the circumstances described in subdivision (b)(3) of Section 13A-8-16. Classification of Theft Offenses and Penalties in Alabama The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. To withhold property or cause it to be withheld from a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or, To dispose of the property so as to make it unlikely that the owner would recover it; or, To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or, To sell, give, pledge, or otherwise transfer any interest in the property; or. My case was successfully moved from a February to a December court date and was dismissed. THREAT. For more detailed codes research information, including annotations and citations, please visit Westlaw. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Theft of property in the fourth degree is a Class A misdemeanor. Alabama theft lawyers Whitney Polson and Mark Polson have been successful in negotiating reduced charges and arguing for dismissals and pre-trial diversion, which requires their client to take classes and complete community service, among other requirements that may be set forth, in exchange for the case being dismissed and withdrawn. Probation is possible on any sentence of less than 15 years, dependent on sentencing guideline calculations. (1) The theft of property which involves all of the following constitutes theft of property in the first degree: The theft is a common plan or scheme by one or more persons; and, The object of the common plan or scheme is to sell or transfer the property to another person or business that buys the property with knowledge or reasonable belief that the property is stolen; and. Receiving Stolen Property 3rd, Possession of Forged Instrument 3rd, Forgery in the 3rd degree, and; The penalty that follows an Alabama theft crimes conviction depends on multiple factors. Criminal Code § 13A-8-17 on Westlaw, industry-leading online legal research system, Make the Most of Your Law School Reading Week, Supreme Court Will Decide Whether PTAB Judicial Appointments Are Unconstitutional, NY Federal Judge: Expecting Fathers Cannot Allege Pregnancy Discrimination Under Title VII, Justice Dept. VALUE. The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period. 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. , Gardendale, Homewood, Hoover, Mountain Brook, Trussville, and Vestavia Hills; Baldwin County including Daphne, Foley, and Gulf Shores; Lee County including Auburn and Opelika; Pike County including Troy; Shelby County including Alabaster, Calera, Columbiana, Helena, Montevallo, and Pelham; St. Clair County including Moody and Pell City; and Tuscaloosa County including Tuscaloosa. 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. Theft Penalties | Alabama Criminal Defense Lawyers Polson & Polson. The dollar amount involved is one factor. (b) Receiving stolen property in the first degree is a Class B felony. 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. All rights reserved. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Theft of property in the third degree is a Class D felony. One of the consequences of the sentencing guidelines, however, is that judges and prosecutors lose some discretion. By: Alabama Theft Attorney Whitney Polson, Criminal Defense Lawyer in Birmingham AL. Title 17-A, §359 Receiving stolen property. (Ala. Code §§ 13A-8-2, -6, -10 (2020).) Theft by deception Alabama charges can be classified as Class B felonies, Class C felonies, Class D felonies, and Class A misdemeanors. In Alabama, the Legislature has enacted its theft laws as misdemeanor or felony. Cancel « Prev. 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, constitutes theft of property in the first degree. (2) If the offense under this subsection involves two or more counties, prosecution may be commenced in any one of those counties in which the offense occurred or in which the property … Ask our Alabama criminal defense lawyers about payment plans. For example, a Class B Felony cannot be punished with less than two years’ incarceration nor more than 20 years. “Puffing” means an exaggerated commendation of wares or services. LawServer is for purposes of information only and is no substitute for legal advice. Acting quickly is highly important for best results. The contact form sends information by non-encrypted email, which is not secure. Obtained by theft, theft by appropriating lost property, robbery, or extortion. Microsoft Edge. Receiving stolen property is a crime to purchase or accept property that you know or believe was obtained through theft. If the stolen property is a motor vehicle, then an Alabama theft of vehicle is always a felony. Class D Felonies are punishable with up to 5 years of incarceration. To subject the property to the claim of a person other than the owner. However, under the sentencing guidelines, there is a mechanism that weighs out different factors, one of which is prior criminal history. 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. We serve clients throughout Alabama, including, but not limited to, those in the following localities: Jefferson County including Bessemer, Birmingham, Fultondale. FIREARM. 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. If you are looking for an attorney I must recommend Mark Polson of Polson & Polson. See Alabama Code 13A-8-1; stolen: Obtained by theft, theft by appropriating lost property, robbery, or extortion. Begin typing to search, use arrow keys to navigate, use enter to select. Historically Felonies in Alabama have been classified from A to C, with A being the most serious crimes and C being the least serious. receiving: Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property. The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period. Search Code of Alabama. FIFTH WHEEL. Call us 24-7 at (205) 871-8838 for legal assistance. Tougher Alabama law aimed at plague of stolen firearms. States categorize crimes as either misdemeanors or felonies. The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree. Thank you again to Polson & Polson for your professionalism and knowledge that we needed for this situation. The market value of the property at the time and place of the criminal act. Read this complete Alabama Code Title 13A. Taking possession of stolen property in the custody of a law enforcement agency, and, Taking property that has been deposited in a drop box belonging to a charitable organization. The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the third degree. Always a FREE lawyer consultation. Class C felonies are next in line for state prison time and can be punished by up to 10 years of imprisonment. 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.