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Theft of Property

 

 

 

 

 

 

Theft of Property (Alabama Code 13A-8-2) Occurs when:

  • A person knowingly obtains unauthorized control over the property of another, with intent to deprive the owner of his or her property.
  • Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his property.
  • Knowingly obtains 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.
  • Knowingly obtains 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.

Theft of property in the first degree (Alabama Code 13A-8-3):

  • 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.
  • The theft of a motor vehicle, regardless of its value.
  • All of the following constitutes theft of property in the first degree:
      • The theft is a common plan or scheme by one or more persons; and
      • 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
      • The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period.
  • 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.
  • Theft of property in the first degree is a Class B felony.

Theft of property in the second degree (Alabama Code 13A-8-4):

  • 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.
  • The theft of a firearm, rifle, or shotgun, regardless of its value.
  • The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value.
  • The theft of any livestock which includes cattle, swine, equine , or sheep, regardless of their value.
  • Theft of property in the second degree is a class C felony.

Theft of property in the third degree (Alabama Code 13A-8-4.1):

  • 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.
  • The theft of a credit card or a debit card, regardless of its value.
  • Theft of property in the third degree is a class D felony.

Theft of property in the fourth degree (Alabama Code 13A-8-5)

  • The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another.
  • Theft of property in the fourth degree is a Class A misdemeanor.

 

If you have been arrested for property theft or any other offense in Alabama, call (251) 301-0362 immediately to speak with an experienced Mobile defense attorney. Your freedom may depend on it.

About David Allen

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Attorney David M. Allen was born on a U.S. Navy base in Okinawa, Japan, the son of a Navy Veteran. He later attended public schools in Baldwin County, Alabama and graduated from Spring Hill College in Mobile. He has worked on high profile Criminal De…

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