Alabama law differentiates between several crimes involving the unlawful taking of property: robbery, burglary, and theft. While these offenses may seem similar, they have distinct elements, definitions, and legal consequences. This article will clarify these differences and offer guidance on what to do if arrested for any of these charges.
What is Robbery?
Definition of Robbery (§ 13A-8-41 to § 13A-8-43, Code of Alabama): Robbery in Alabama involves taking property from another person by using force or the threat of force. The key elements of robbery include:
- The use of force, intimidation, or threat to take or attempt to take property.
- The victim’s presence during the crime.
Alabama classifies robbery into three degrees, with varying degrees of severity and penalties:
- First-Degree Robbery: Use of a deadly weapon or dangerous instrument, or causing serious physical injury to the victim. Classified as a Class A felony, punishable by 10 years to life in prison.
- Second-Degree Robbery: The offender is aided by another person actually present during the robbery. This is a Class B felony, with penalties ranging from 2 to 20 years in prison.
- Third-Degree Robbery: Force or threat of force is used without a weapon or accomplice. This is a Class C felony, punishable by 1 to 10 years in prison.
What is Burglary?
Definition of Burglary (§ 13A-7-5 to § 13A-7-7, Code of Alabama): Burglary involves unlawfully entering a building or dwelling with the intent to commit a crime inside, usually theft. The critical elements include:
- Unlawful entry into a structure, which can be a home, business, or other building.
- The intent to commit a crime inside, which can be any felony, not just theft.
Alabama categorizes burglary into three degrees:
- First-Degree Burglary: Involves unlawfully entering a dwelling at night, being armed, or causing physical injury during the burglary. It is a Class A felony, with penalties of 10 years to life in prison.
- Second-Degree Burglary: Involves unlawfully entering a building (not necessarily a dwelling) with intent to commit a crime, and either being armed or if another person is present in the building. This is a Class B felony, with 2 to 20 years of imprisonment.
- Third-Degree Burglary: Involves unlawful entry into a building with intent to commit a crime. It is a Class C felony, carrying penalties of 1 to 10 years in prison.
What is Theft?
Definition of Theft (§ 13A-8-2, Code of Alabama): Theft, under Alabama law, involves unlawfully taking someone else’s property with the intent to permanently deprive the owner of it. Unlike robbery and burglary, theft does not necessarily involve force, the threat of force, or unlawful entry. Instead, it focuses on the unlawful appropriation of property. Alabama law divides theft into different degrees based on the value of the stolen property:
- First-Degree Theft (§ 13A-8-3): Involves the theft of property or services valued at more than $2,500, theft of a motor vehicle (regardless of value), or theft involving a firearm or explosive. It is a Class B felony, with penalties ranging from 2 to 20 years in prison.
- Second-Degree Theft (§ 13A-8-4): Involves the theft of property valued between $1,500 and $2,500, theft of any controlled substance, livestock, or firearm. This is a Class C felony, punishable by 1 to 10 years in prison.
- Third-Degree Theft (§ 13A-8-4.1): Involves the theft of property or services valued at greater than $500 and less than $1,500, or the theft of a credit or debit card regardless of value. This offense is generally classified as a Class D felony punishable by up to 5 years in prison.
- Fourth-Degree Theft: (§ 13A-8-5): Involves the theft of property or services valued at $500 or less. This offense is generally classified as a Class A misdemeanor and is most commonly a shoplifting charge.
Key Differences Between Robbery, Burglary, and Theft
- Presence of Victim and Use of Force: Robbery involves directly taking property from a person using force or intimidation, whereas theft does not require the victim’s presence or the use of force. In fact, if something is taken from the person of another, it is usually not theft, but can be under certain circumstances. Burglary involves unlawful entry with intent to commit a crime inside, regardless of whether the crime involves theft or another felony.
- Location of the Crime: Robbery typically occurs in the presence of the victim (e.g., street, store, or home). Burglary involves entering a structure unlawfully. Theft can occur anywhere and doesn’t require unlawful entry or force.
- Severity and Penalties: Robbery is often more severely punished due to the involvement of force or intimidation. Burglary penalties depend on factors like whether the crime occurred in a dwelling, at night, or involved weapons. Theft penalties vary primarily based on the value of the stolen property.
What to Do If Arrested for Robbery, Burglary, or Theft in Alabama
If you are arrested for any of these charges in Alabama, it is crucial to protect your rights and understand the legal process:
- Remain Silent: Avoid discussing the details of your case with law enforcement or anyone else. Exercise your right to remain silent, as anything you say can be used against you in court.
- Request an Attorney: Immediately ask to speak with an attorney. If you cannot afford one, you have the right to a court-appointed attorney.
- Do Not Consent to Searches: Without a warrant, do not consent to any searches of your person, vehicle, or property. Let law enforcement conduct their investigation within the legal limits.
- Document Everything: If possible, document any evidence or witness information that could support your defense, such as alibi details or contact information for witnesses.
- Follow Legal Advice: Your attorney will guide you through the legal process, help you understand the charges against you, and develop a defense strategy. Listen carefully to their advice and follow their instructions.
Conclusion
Understanding the differences between robbery, burglary, and theft under Alabama law is essential, especially given the varying degrees of severity and penalties associated with each crime. While these offenses involve the unlawful taking of property or entry into structures, the circumstances and elements of each crime distinguish them in significant ways. If you face charges for any of these offenses, securing legal representation is critical to protect your rights and navigate the complex legal system. There are additional property crimes in Alabama. If you are charged with any of them, or anticipate you will be in the future, call us today to discuss your options.