{"id":371366,"date":"2024-10-23T15:39:35","date_gmt":"2024-10-23T20:39:35","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/alabama-law\/alabama-robbery-charges.html"},"modified":"2024-10-23T15:43:41","modified_gmt":"2024-10-23T20:43:41","slug":"alabama-robbery-charges","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-robbery-charges.html","title":{"rendered":"Alabama Robbery Charges"},"content":{"rendered":"\n
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Alabama Robbery Charges<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

A person who commits a theft crime using force or threats of force against another person commits a robbery. In Alabama, a robbery conviction can lead to years in prison and thousands of dollars in fines. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

The terms robbery, burglary, and theft are often used interchangeably. Although they are closely related, they each refer to different crimes with distinct elements.<\/p>\r\n

Generally, robbery is theft accomplished through the use of force or threats. In other words, it typically requires another person present during the theft and the person committing robbery to confront that person with the threat of violence.<\/p>\r\n

The criminal penalties for robbery depend on the circumstances of the crime. For example, more severe penalties apply if someone uses a deadly weapon while robbing someone compared to threats only.<\/p>\r\n

This article summarizes Alabama\u2019s laws and criminal penalties regarding robbery. For more general information, visit FindLaw\u2019s Robbery Overview<\/a> article.<\/p>\r\n

Robbery Charges: Overview<\/b><\/h2>\r\n

The chart below provides an overview of Alabama\u2019s robbery laws and criminal penalties. For more information, visit the links in the Related Resources section below.<\/p>\r\n\r\n

Code sections<\/b><\/p>\r\n<\/th>\r\n

Alabama Code, Title 13A Criminal Code, Chapter 8, Article 2 – Robbery<\/a><\/p>\r\n

Third-degree robbery<\/b><\/p>\r\n<\/th>\r\n

A person commits third-degree robbery if, in the course of committing a theft, they do any of the following:<\/p>\r\n

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  • They use force against the owner or any person present with the intent to overcome their physical resistance or power of resistance. (\u00a7 13A-8-42(a)(1))<\/li>\r\n
  • They threaten the imminent use of force against the owner or any person present intending to compel that person\u2019s acquiescence to the taking of or escaping with the property. (\u00a7 13A-8-42(a)(2))<\/li>\r\n<\/ul>\r\n

    The term \u201cin the course of committing a theft\u201d includes the following acts:<\/p>\r\n

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    • Acts that occur in an attempted theft<\/li>\r\n
    • Acts that occur while committing a theft<\/li>\r\n
    • Acts that occur in immediate flight after the attempt or commission of a theft. (\u00a7 13A-8-40(b))<\/li>\r\n<\/ul>\r\n

      Third-degree robbery is a Class C felony. (\u00a7 13A-8-42(b)). If convicted, the following criminal penalties apply:<\/p>\r\n

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      • At least one year of imprisonment, up to 10 years (\u00a7 13A-5-6(a)(3)), and<\/li>\r\n
      • A fine of up to $15,000. (\u00a7 13A-5-11(a)(3))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Second-degree robbery<\/b><\/p>\r\n<\/th>\r\n

A person commits second-degree robbery if they violate \u00a7 13A-8-42 and a person who is actually present aids them in committing a theft. (\u00a7 13A-8-42(a))<\/p>\r\n

Second-degree robbery is a Class B felony. (\u00a7 13A-8-42(b)). If convicted, the following criminal penalties apply:<\/p>\r\n

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  • At least two years of imprisonment, up to 20 years (\u00a7 13A-5-6(a)(2)) and<\/li>\r\n
  • A fine of up to $30,000. (\u00a7 13A-5-11(a)(2))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

First-degree robbery<\/b><\/p>\r\n<\/th>\r\n

A person commits the crime of robbery in the first degree if they violate \u00a7 13A-8-42 and they do any of the following:<\/p>\r\n

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  • They arm themselves with a deadly weapon or dangerous instrument (\u00a7 13A-8-41(a)(1)) or<\/li>\r\n
  • They cause serious physical injury to another person. (\u00a7 13A-8-41(a)(2))<\/li>\r\n<\/ul>\r\n

    A person who uses or fashions an article that reasonably leads a person to believe it is a deadly weapon or dangerous instrument is prima facie evidence that the person was armed. In addition, a person who makes verbal or some other representation to another person that they are armed is also prima facie evidence that they were armed. (\u00a7 13A-8-41(b))<\/p>\r\n

    First-degree robbery is a Class A felony. (\u00a7 13A-8-41(c)). If convicted, the following criminal penalties apply:<\/p>\r\n

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    • At least 10 years of imprisonment, up to 99 years of imprisonment (\u00a7 13A-5-6(a)(1)) and<\/li>\r\n
    • A fine of up to $60,000. (\u00a7 13A-5-11(a)(1))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Pharmacy robbery<\/b><\/p>\r\n<\/th>\r\n

A person commits the offense of pharmacy robbery if they violate \u00a7 13A-8-41 by committing the theft of any controlled substance (as defined in \u00a7 20-2-2) from a building, warehouse, physician\u2019s office, hospital, pharmaceutical house, or other structure used for selling, storing, and\/or dispensing any controlled substance. (\u00a7 13A-5-51(1)-(2))<\/p>\r\n

A conviction for pharmacy robbery carries a mandatory minimum sentence of 10 years in prison and can result in a 99-year sentence. (\u00a7 13A-5-52(a)). A second conviction for pharmacy robbery carries a life sentence without the possibility of parole. (\u00a7 13A-5-52(b))<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: Although FindLaw strives to provide the most recent state laws, they often change through legislative actions, court decisions, and other means. Contact an <\/i>Alabama criminal defense attorney<\/i><\/a> to learn how these laws apply to your unique situation.<\/i><\/p>\r\n

Related Resources<\/b><\/h2>\r\n

The following links provide more information on Alabama law and robbery charges:<\/p>\r\n