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Robbery

Robbery is a very serious charge, but it has specific criteria that must be met for a conviction.  If you did not use force or threats, or if you did not intend to steal something during an altercation, you should not be convicted of robbery.  In many cases, people charged with robbery should instead be facing less serious charges.

Huntsville Robbery Charge Defense Lawyer

Our attorneys at Law Offices Of Segal & Segal are experienced in fighting for the rights of people accused of robbery. We believe people are “innocent until proven guilty” and we zealously fight for justice for our clients. We will seek to get your robbery charges reduced or dismissed, and are ready to fight the charges in court if necessary.
We know our job is to protect and defend our clients to the utmost of our ability. Call the defense lawyers at Segal & Segal in Huntsville today at (256) 533-4529 or send an online message to schedule your free consultation so we can discuss your charges with you.

Andrew Segal and Sandra Segal both have a large amount of experience in criminal courtrooms. Both have served as prosecutors and defense attorneys on behalf of their clients in courtrooms throughout North Alabama. Sandra Segal served as a Municipal Court prosecutor in Huntsville and Andrew Segal served as a prosecutor in the attorney general’s office as well as the Madison County District Attorney’s Office. The Law Offices Of Segal & Segal practice law with integrity and in a way that honors the legal profession, which helps us represent our clients to jurors, judges and even prosecutors.

If you are charged with robbery in the Huntsville-Decatur area, including Madison County, Marshall County, Morgan County, Limestone County or Jackson County, contact us as soon as possible.


Information on Robbery


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Robbery in Alabama Statutes

Robbery is defined by Ala. Code Ann. § 13A-8-43 as using force against a person with intent to overcome his physical resistance or physical power of resistance during a theft, or threatening the imminent use of force against a person with intent to compel acquiescence to the taking of or escaping with stolen property.  For example, if a shoplifter is caught and then pushes past a security guard to escape, the person can now be charged with robbery.

Without any additional aggravating factors, this called robbery in the third degree, which is a Class C felony punishable by:

  • Over a year, and up to ten years, in prison
  • Up to $15,000 in fines (or double the amount gained or lost in the robbery)

If the robber is aided by another person present at the scene, this is called robbery in the second degree as defined by Ala. Code Ann. § 13A-8-42, which is a Class B felony punishable by:

  • 2-20 years in prison
  • Up to $30,000 in fines

If the robber causes serious physical injury during the robbery, or is armed or claims to be armed with a deadly weapon, dangerous instrument, or item that would lead a reasonable person to believe the robber is armed (such as a fake gun or knife), this called robbery in the first degree as defined by Ala. Code Ann. § 13A-8-41.  For example, if a person hands a bank teller a note demanding money and claiming to be armed, this is defined as robbery in the first degree, regardless of whether the person actually has a weapon.  Robbery in the first degree is a Class A felony punishable by:

  • Ten years to life in prison
  • Mandatory minimum of 20 years in prison if a gun or other deadly weapon is used
  • Up to $60,000 in fines

As with all felonies in Alabama, mandatory minimum sentences increase if you have a prior felony record.

In all cases, it is not necessary to actually successfully steal the property to be convicted of robbery, the prosecution only has to prove that you attempted to steal the property.  If a person fights off an attempted robbery and the attempted robber flees without obtaining any property, this can still lead to an conviction for robbery under Alabama law.


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Defenses to a Robbery Charge

Depending on the circumstances of the incident, it may be possible to get your charges reduced to a less serious crime.  For example, one element of a robbery charge is intention to steal property.  If you get in a fight with someone, and that person flees and leaves behind an item of property, this is not robbery if you did not intend to take the property from the other person.  If you take property that you honestly believed to be yours, even if you use force, you should be able to get your charges reduced or dismissed.

Not all thefts are robbery.  If there was no use of force or threats to do so, your charges should be reduced to a lesser charge. 

As with all crimes, you may be wrongfully accused of something you did not do, mistakenly arrested by police for a crime committed by another person, or your charges may be based on illegally collected evidence.  This can especially be the case in old robbery cases, as there is no statute of limitations to limit the time period in which charges must be brought for crimes involving use of force or threats such as robbery in Alabama.  A Huntsville criminal defense attorney can review all aspects of your situation and find the best legal options for you.


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Resources Related to Robbery in the Huntsville Area

Robbery charges are prosecuted by the Madison County District Attorney’s office

100 North Side Square
Huntsville, Alabama 35801
Telephone: 256-532-3460

If you were injured in a robbery, you may be eligible for compensation from the Alabama Crime Victims Compensation Program.

Alabama Crime Victims Compensation Commission
P.O. Box 231267
Montgomery, Alabama 36123-1267
Phone (334) 290-4420
Fax (334) 290-4455
1-800-541-9388 (toll-free for victims only)

To be eligible, you must meet these requirements:

  • The claim must be filed within one (1) year of the incident, or good cause shown. Good cause must be submitted in writing.
  • The crime must be reported to the proper law enforcement agency within 72 hours of the incident, or good cause shown. Good cause must be submitted in writing.
  • The victim or claimant must cooperate fully with law enforcement.
  • The victim or claimant must not be the offender or an accomplice of the offender.
  • No portion of the compensation shall unjustly benefit the offender.
  • The victim must not have contributed to the offense.
  • The victim will not be compensated if he/she has committed a criminal injury to another or he/she shall be convicted of a felony after applying for compensation.
  • Must be a U.S. citizen or alien eligible for public benefits.

The maximum award is $20,000 with limitations on certain expenses. The award may cover the following:

  • Medical care
  • Psychiatric care
  • Work loss due to the robbery
  • Rehabilitation of the victim

This program pays only those expenses which are not covered by another source such as insurance, workman’s compensation, etc. The victim or claimant must not receive compensation from two sources.  Also, stolen property,  property damage, and pain and suffering are not be covered by the program.


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Finding the Best Robbery Charge Defense Attorney in Madison County Alabama

An experienced defense attorney could mean the difference between spending years in prison for a robbery conviction and getting your charges reduced or dropped. Let us help you with your robbery case. We’ll fight for your rights if you’ve been charged with robbery in Decatur, Athens, Madison, Albertville or anywhere else in the Huntsville area. Call us at (256) 533-4529 or send an online message to set up a free consultation today with the attorneys at Law Offices Of Segal & Segal.





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