Theft

Theft of property is the foundation, but Alabama prosecutes several closely related offenses under the same chapter of the criminal code. Each carries significant penalties.

Robbery

Robbery is theft accomplished through force or the threat of force. All three robbery degrees are prosecuted aggressively and carry harsher penalties than theft of equivalent value. Robbery in the first degree (§ 13A-8-41) committed while armed with a deadly weapon or dangerous instrument, or causing serious physical injury is a Class A felony carrying 10 to 99 years or life in prison. Robbery in the second degree (§ 13A-8-42) committed with the aid of another person actually present is a Class B felony carrying 2 to 20 years. Robbery in the third degree (§ 13A-8-43) — using force or threatening force in the course of a theft is a Class C felony carrying 1 year and 1 day to 10 years. Because robbery involves contact with a person, these charges frequently intersect with our violent crimes defense practice.

Receiving Stolen Property

Knowingly receiving, retaining, or disposing of stolen property is a separate offense under Alabama Code § 13A-8-16 et seq. Like theft, it is graded by value: over $2,500 (first degree, Class B felony), $1,500–$2,500 (second degree, Class C felony), $500–$1,499 (third degree, Class D felony), and under $500 (fourth degree, Class A misdemeanor). Prosecutors frequently use receiving stolen property charges when the state cannot prove who actually took the property, but can establish that the defendant possessed it knowing it was stolen.

Shoplifting

Alabama treats shoplifting as theft of property, subject to the same four-degree framework based on the value of the merchandise. In addition to criminal penalties, Alabama law authorizes civil liability — a shoplifting defendant can be ordered to reimburse the retailer for the full retail value of the property and up to $200 in recovery expenses, on top of any criminal fine. A shoplifting conviction carries the same long-term consequences as any theft conviction, including the effect on employment background checks.

Alabama's Habitual Felony Offender Act increases penalties for repeat convictions. A second felony conviction raises the offense one class level. Prior felony convictions can convert a Class C felony theft into a Class A felony exposure.

A theft charge does not guarantee a conviction. The state must prove every element of the offense beyond a reasonable doubt, including the defendant's intent to permanently deprive the owner. At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us.

Challenging Intent

Alabama theft requires proof of knowing, intentional conduct. Mistaken belief in ownership, a good-faith claim of right to the property, or lack of knowledge that property was stolen are all recognized defenses under Alabama Code § 13A-8-12. If the evidence does not establish that the defendant intended to permanently deprive the owner of the property, the charge cannot stand.

Challenging the Value of the Property

The degree of the charge — and therefore the severity of the penalty depends entirely on the value of the stolen property. We challenge the prosecution's valuation through independent appraisals and cross-examination of the state's valuation witnesses. A reduction in the established value can reduce the charge degree entirely.

Suppression of Evidence

Many theft prosecutions rely on surveillance footage, cell phone location data, and statements made to police. We scrutinize whether law enforcement obtained this evidence lawfully. Evidence obtained in violation of the Fourth Amendment can be suppressed, potentially eliminating the state's case.

Mistaken Identity

Eyewitness identifications and surveillance footage are not infallible. We challenge identification evidence through cross-examination and, where appropriate, expert testimony on the reliability of eyewitness identification.

Negotiated Resolutions

In appropriate cases — particularly first-offense or low-value theft we pursue charge reductions, diversion programs, and outcomes designed to keep a conviction off your record entirely. Alabama's criminal code provides mechanisms for resolution that protect your employment and housing prospects. For cases involving financial crime, fraud, or complex fact patterns, we also evaluate the full context of the conduct and any mitigating circumstances.

For more detail on Alabama theft law, including specific charge scenarios and what to expect after an arrest, see our post on theft charges in Alabama. For questions about the difference between misdemeanor and felony theft and how that affects long-term consequences, see our misdemeanor vs. felony guide.