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Property Crimes and Theft Offenses


With the exception of traffic tickets, the most common type of criminal cases in Alabama are theft and property charges. In Alabama, property crimes include criminal trespassing, burglary, criminal mischief, and arson. Offenses involving theft include various degrees of theft as well as other criminal charges such as receiving stolen property and extortion.

Punishment for these types of crimes will vary depending upon the degree and nature of the crime as well as the criminal history of the person who is charged. The most serious of these crimes carry punishments as high as 20 years or higher for people who have previous felony convictions.

In addition to the potential punishments imposed by the state of Alabama, a conviction for these types of crimes can carry lifelong consequences such as the diminished possibility of employment and can affect a person convicted in a variety of other areas such as their ability to secure a loan or their credibility if called upon to testify in a lawsuit.

Alabama Property and Theft Defense Attorneys

Both attorneys Andrew Segal and Sandra Segal have served as prosecutors. They have over 50 years of combined experience in the criminal courts. Mr. Segal has served as a prosecutor with the Attorney General's office as well as the District Attorney's Office. He has served as a municipal judge in several jurisdictions and is the past president of the Alabama Municipal Judges Association. Mrs. Segal prosecuted theft cases with the City Attorney's office in Huntsville Municipal court. Having served multiple capacities within the Alabama criminal justice system, they are quite familiar with all aspects of these cases.

If you'd like to put their experience to use to help you, give them a call at (256) 533-4529 today for a free initial consultation.

Common Theft and Property Crimes

Theft of Property Defined under Alabama law

Under Alabama law, a person commits the crime of theft of property if they:
(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.
See Alabama Criminal Code § 13A-8-2

There are four degrees of theft under Alabama law. Theft first, second and third-degree are all felony charges. Theft, the fourth degree is a misdemeanor.

The law for each of these is here:

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.
Alabama Code Title 13A. Criminal Code § 13A-8-3
Theft in the first degree is a class B felony punishable by not more than 20 years imprisonment and not less than two years imprisonment

Theft of Property in The Second Degree:

(a) The theft of property between one thousand five hundred dollars ($1,500) in value and 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 firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree.
(d) 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.
(e) 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.
Alabama Code Title 13A. Criminal Code § 13A-8-4
Theft in the second degree is a class C felony punishable by not more than 10 years imprisonment and not less than one year and one-day imprisonment.

Theft of Property in The Third Degree:

(a) The theft of property that exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) 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 D felony.
(c) The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the third degree.
Alabama Code Title 13A. Criminal Code § 13A-8-4.1
Punishment for a class D felony is not more than five years or less than one year and one-day imprisonment.

Theft of Property in The Fourth 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 fourth degree.
Alabama Code Title 13A. Criminal Code § 13A-8-5
Under state law, the maximum sentence for theft of property in the fourth degree is not more than one-year imprisonment.

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