If you're charged with the crime of theft of property in the 2nd° in Madison County Alabama, there are several things you should know.
The first is that there are four distinct ways this crime can be committed.
The first and most common ways crimes committed is when someone steals property valued at between $1500 and $2500 value. If the property is “taken from the person of another” than the crime is not considered theft of property but, robbery.
The second way this crime occurs as if somebody steals the firearm. It does not matter what value the firearm has. In short, if someone steals a rusted broken gun that has little value beyond scrap, they still can be charged with theft in the 2nd°.
The third way this crime occurs is if someone steals any controlled substance as defined by Alabama law. So if someone steals one oxycodone pill the crime would be theft second no matter what the value of the pill.
The fourth way this crime occurs as if somebody steals anything that is defined as “livestock” under Alabama law.
This crime is treated as a class C felony under Alabama law. This means the range of punishment is from 2 to 20 years in the state penitentiary and a potential fine of up to $30,000.
Alabama has recently changed the manner in which sentencing in criminal cases is performed.
This particular crime is covered by Alabama's Sentencing Guidelines. This means that based upon a person's criminal history the state of Alabama will do two calculations; the first calculation is to determine whether or not a person who has pled guilty or been convicted of this crime will be sentenced to serve a sentence in prison or a suspended sentence. The next calculation will determine the recommended range that a person who has pled guilty or been convicted of this crime faces. As a general rule, the sentencing guidelines result in lower and more consistent sentences for individuals who have been convicted of this particular crime.
The actual statute for this crime may be found in The Code of Alabama:
Alabama Code Title 13A. Criminal Code § 13A-8-4
(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.
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