Theft Offenses

BURGLARY AND THEFT OFFENSE LAWYERS

THEFT OFFENSE ATTORNEYS

We can help you in Huntsville, Decatur and Athens, AL and the surrounding areas.

The law offices of Ferguson and Ferguson have been helping individuals charged with burglary, receiving stolen property, theft and robbery for over 45 combined years. If you have been charged with theft or any other property crime, you could be facing not only jail time but also a criminal record that may make it difficult for you to get a job in the future. You should contact an attorney right away to begin the criminal defense process. We have defended thousands of misdemeanor and felony theft crimes in Alabama. Whether you’re charged with a shoplifting misdemeanor, felony burglary or a robbery 1st we, are here to help. We offer a no obligation, FREE CONSULTATION to all clients charged with a crime.  Call 256-534-3435 or 256-350-7200. We are here to help.

Some Examples of Theft Cases we Defend are:

• Theft
• Retail Theft 3rd
• Identity Theft
• Embezzlement
• Fraudulent use Credit/Debit Card
• Burglary
• Robbery

A Huntsville or Decatur arrest for theft can result in a prison sentence, jail time, hefty fines, rehabilitation programs, and other stiff penalties. Your defense attorney may be able to reduce the penalties or even have the case dismissed by doing the following:

• Have the evidence against you thrown out of court. If you were searched and evidence was collected against you, it must have been done according to the law. If the method by which law enforcement personnel carried out the search of your property was illegal, the evidence against you cannot be used in court.
• If this is your first offense you could be eligible for pretrial diversion, or an alternative sentencing program. You might also qualify to be a youthful offender.

Theft Crimes in Alabama

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
fifteen hundred fifty dollars ($1,500) 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, 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 exceeds five hundred dollars ($500) in value but does not exceed one
thousand five hundred dollars ($1,500) 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 third degree.

(b) Theft of property in third degree is a Class D felony.

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 third degree.

(b) Theft of property in the fourth degree is a Class A misdemeanor.

Penalties for convictions of theft crimes in Alabama can vary by amount of theft, involvement of juveniles/minors, involvement of weapons and the type of crime:

Felony theft crimes

• Class A felony involving a deadly weapon: no less than 20 years in prison
• Class A: 10 years to life in prison and up to $60,000 in fines
• Class B or C felony with a deadly weapon: no less than 10 years in prison
• Class B: two to 20 years in prison and up to $30,000 in fines
• Class C: one to 10 years in prison and up to $15,000 in fines
• Class D: one to five years in prison and up to $7,500 in fines

Misdemeanor Theft Crimes

• Class A: up to one year in county jail and $6,000 fine
• Class B: up to six months in county jail and $3,000 fine
• Class C: up to three months in county jail and $500 fine

Retail Theft
First degree retail theft, when a person steals a firearm from a store; steals more than $2,500 worth of items or takes items worth more than $1,000 from a store over a six-month period $1,000 is a class B felony, punishable by up to 20 years in prison.

Retail theft in the second degree, involving theft of an item between $500 and $2,500, would be a Class C felony, punishable by up to 10 years in prison.

Retail theft in the third degree, covering theft of items under $500 is a Class A misdemeanor, punishable by up to a year in jail and a $6,000 fine.

A fourth or subsequent conviction for retail theft would be a Class C felony, punishable up to 10 years of prison.

The bill also creates a crime of organized retail theft, involving two or more people conspiring to commit retail theft or shoplifting, or receiving stolen property. The bill would make that a Class B felony, punishable by up to 20 years in prison.

It is crucial to understand the specific laws and potential ramifications related to theft offenses in Alabama. If you require legal guidance or wish to learn more about your case and the associated penalties, do not hesitate to contact our defense attorneys for a free consultation at (256) 534-3435 or by completing an online form.

Burglary Crimes in Alabama

1. What are the penalties for third-degree burglary in Alabama?

Third-degree burglary is a Class C felony in Alabama, which comes with its own set of penalties based on the law.3.

2. How is third-degree burglary defined in Alabama?

Third-degree burglary in Alabama occurs when individuals enter a building with the intent to commit a crime.

3. What are the penalties for second-degree burglary in Alabama?

Second-degree burglary is considered a Class B felony in Alabama, with specific penalties outlined by the law.

4. What defines second-degree burglary in Alabama?

Second-degree burglary in Alabama is charged when individuals unlawfully enter a property with the intent of theft or felony, which may involve physical injury or the use of dangerous instruments.

5. What are the penalties associated with first-degree burglary in Alabama?

First-degree burglary is considered a Class A felony in Alabama, which carries severe penalties.

6. What are the specific criteria for first-degree burglary in Alabama?

First-degree burglary in Alabama involves knowingly and illegally entering a property with the intent to commit a crime, often including the use of deadly weapons or causing physical harm.

7. What are the different degrees of burglary in Alabama?

In Alabama, there are three different degrees of burglary: first-degree burglary, second-degree burglary, and third-degree burglary.

Why Hire Criminal Defense Attorneys Ferguson and Ferguson?

If you are accused of a criminal charge in Alabama, you need legal advice. Call us now to find out more about what you are up against, and how we can help. Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to protect your rights and to fight for the most favorable resolution possible. Our defense attorneys offer a free legal defense consultation and case evaluation to anyone who is accused of a crime.

Every county has its own way of doing things. The criminal court process in Madison County, differs significantly from the process in Morgan, Cullman, or Jackson County. You need to hire an attorney who knows the differences between each county, and the way they handle cases. If you or someone you know has been arrested, or is being investigated for a theft crime, you need advice from an experienced Alabama theft offense lawyer. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial. We have two offices conveniently located in downtown Huntsville and Decatur, Alabama. Call 256-534-3435 or 256-350-7200 now. Let us protect your rights.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601