Are you or is someone you care about charged with Theft of Property in an Alabama court? If so, you are likely wondering what the charge means and what potential punishment might happen if there is a conviction.
As always, it is best to consult with a lawyer specializing in this area before making any decisions or determinations about your case. At Skier & Associates we are available to discuss your case, offer advice on your best course of action, and discuss representation when your case goes to court.
There are four different levels, or degrees, of Theft of Property in Alabama. What level is alleged against a person is usually determined by the value of the property involved.
GENERAL DEFINITION OF THEFT – Code of Alabama Section 13A-8-2
Generally, Theft of Property under Alabama law is when a person “Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property; Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property; Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.”
That sounds complicated but most Theft of Property charges deal with a person accused of either Knowingly or “by deception” taking the property of another.
FIRST DEGREE THEFT OF PROPERTY – Code of Alabama Section 13A-8-3
First degree Theft occurs when the value of the property involved exceeds $2,500 in value. It can also apply if a car (of any value) is alleged to have been stolen.
Theft First Degree is a Class B felony. The potential punishment is from 2-20 years in prison.
SECOND DEGREE THEFT OF PROPERTY – Code of Alabama Section 13A-8-4
Second degree Theft occurs when the value of the property involved exceeds $1,500 but not $2,500 in value. It can also apply if a firearm, controlled substance, or livestock (of any value) is alleged to have been stolen.
Theft First Degree is a Class C felony. The potential punishment is from 1-10 years in prison.
THIRD DEGREE THEFT OF PROPERTY – Code of Alabama Section 13A-8-4.1
Third degree Theft occurs when the value of the property involved exceeds $500 but not $,500 in value. It can also apply if a credit or debit card (of any value) is alleged to have been stolen.
Theft First Degree is a Class D felony. First time offenders are not eligible for prison time, but will be felons and lose the civil rights associated with being a felon.
FOURTH DEGREE THEFT OF PROPERTY – Code of Alabama Section 13A-8-5
Fourth degree Theft occurs when the value of the property involved does not exceed $500 in value.
Theft First Degree is a Class A Misdemeanor. The potential punishment is up to one year in jail.
This information is intended as a general guide to the law. It is not intended to substitute for getting the advice of an experienced lawyer who works with these laws on a daily basis. Skier & Associates can be reached anytime to discuss the specific facts of your case. Email us at blog@alabamapardonlawyer.com or call (334) 263-4105 now.