Theft

Theft Criminal Defense Lawyers in Alabama

A theft charge in Alabama is more than a legal hurdle — it directly attacks your livelihood, future, and reputation. Under Alabama Code §§ 13A-8-2 through 13A-8-5, Alabama consolidates all forms of property theft — including shoplifting, embezzlement, and motor vehicle theft — into a single framework with four degrees of severity based on the value of the property taken and specific circumstances. Our theft defense lawyers bring decades of combined experience to your case.

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Understanding Theft Charges in Alabama

Alabama defines theft of property as knowingly obtaining or exerting unauthorized control over another person's property with intent to deprive them of it, whether by taking, deception, or receiving stolen property from law enforcement. The charge filed depends on the value of the property and its specific nature.

Theft of Property in the First Degree — Class B Felony

Under Alabama Code § 13A-8-3, theft of property in the first degree is a Class B felony carrying 2 to 20 years in prison and fines up to $30,000. First-degree theft applies when :

• The value of the stolen property exceeds $2,500
• The property is a motor vehicle, regardless of its value
• The property of any value is taken directly from the person of another
• The theft is part of a common scheme to sell stolen property, with an aggregate value of at least $1,000 within 180 days

Theft of Property in the Second Degree — Class C Felony

Under Alabama Code § 13A-8-4, theft of property in the second degree is a Class C felony carrying 1 year and 1 day to 10 years in prison. Second-degree theft applies when:

• The value of the stolen property is between $1,500 and $2,500
• The stolen property is a firearm, rifle, or shotgun, regardless of value
• The stolen property is a controlled substance, regardless of value
• The stolen property is livestock — cattle, swine, equine, or sheep — regardless of value

Theft of Property in the Third Degree — Class D Felony

Under Alabama Code § 13A-8-4.1, theft of property in the third degree is a Class D felony carrying 1 year and 1 day to 5 years in prison. Third-degree theft applies when:

• The value of the stolen property is between $500 and $1,499
• The stolen property is a credit card or debit card, regardless of value

Theft of Property in the Fourth Degree — Class A Misdemeanor

Under Alabama Code § 13A-8-5, theft of property in the fourth degree is a Class A misdemeanor carrying up to 1 year in jail and fines up to $6,000. It applies to the theft of property valued at $500 or less, not taken from the person of another .

Related Theft Offenses in Alabama

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.

Penalties at a Glance

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.

Building a Strong Defense Against Theft Charges

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.

Related Content

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.