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Theft
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In order to be convicted of the crime
of theft of property in Alabama, the Prosecutor must prove that the
person has:
(1) Knowingly obtains or exerts
unauthorized control over the property
of another, with intent to deprive the owner of his or her property;
(2) Knowingly obtains by deception control over the property of
another, with intent to deprive the owner of his or her property;
(3) 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
(4) 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.
If you
have been charged with theft or any theft related crime, contact
attorney Steven F. Long who is very familiar with the theft laws in
Alabama and will fight to make sure that your interests are protected
against a theft charge. There are many favorable options available for
one charged with theft in Alabama. Please contact attorney Steven F. Long by clicking THEFT to discuss any further and specific questions you may have.
Alabama Law on Theft:
Theft of property in the first degree.
(a) 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.
(b) The theft of a motor vehicle, regardless of its value, constitutes
theft of property in the first degree.
(c)(1) The theft of property which involves all of the following
constitutes theft of property in the first degree:
a. The theft is a common plan or scheme by one or more persons; and
b. 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
c. The aggregate value of the property stolen is at least one thousand
dollars ($1,000) within a 180-day period.
(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 was disposed.
(d) Theft of property in the first degree is a Class B felony.
Theft of property in the second
degree.
(a) The theft of property which
exceeds five hundred dollars ($500) in
value but does not exceed 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.
(b) Theft of property in the second degree is a Class C felony.
(c) The theft of a credit card or a debit card, regardless of its
value, constitutes theft of property in the second degree.
(d) The theft of a firearm, rifle, or shotgun, regardless of its value,
constitutes theft of property in the second degree.
(e) 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.
(f) 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.
(g) Notwithstanding subsection (a), the theft of property which exceeds
two hundred fifty dollars ($250) in value but does not exceed two
thousand five hundred dollars ($2,500) in value, and which is not taken
from the person of another, where the defendant has previously been
convicted of a theft of property in the first or second degree or
receiving stolen property in the first or second degree, constitutes
theft of property in the second degree.
Theft of property in the third degree.
(a) 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 third degree.
(b) Theft of property in the third degree is a Class A misdemeanor.
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