Alabama Robbery Charges

Alabama Code, Title 13A Criminal Code, Chapter 8, Article 2 - Robbery

• AL Code § 13A-8-40 (Definitions)
• AL Code § 13A-8-41 (First-degree robbery)
• AL Code § 13A-8-42 (Second-degree robbery)
• AL Code § 13A-8-43 (Third-degree robbery)

Alabama Code, Title 13A Criminal Code, Chapter 8, Article 2A - Pharmacy Robbery

• AL Code § 13A-8-51 (Definitions)
• AL Code § 13A-8-52 (Penalty for violation of article)

A person commits third-degree robbery if, in the course of committing a theft, they do any of the following:

• They use force against the owner or any person present with the intent to overcome their physical resistance or power of resistance. (§ 13A-8-42(a)(1))
• They threaten the imminent use of force against the owner or any person present intending to compel that person’s acquiescence to the taking of or escaping with the property. (§ 13A-8-42(a)(2))

The term “in the course of committing a theft” includes the following acts:

• Acts that occur in an attempted theft
• Acts that occur while committing a theft
• Acts that occur in immediate flight after the attempt or commission of a theft. (§ 13A-8-40(b))

Third-degree robbery is a Class C felony. (§ 13A-8-42(b)). If convicted, the following criminal penalties apply:

• At least one year of imprisonment, up to 10 years (§ 13A-5-6(a)(3)), and
• A fine of up to $15,000. (§ 13A-5-11(a)(3))

A person commits second-degree robbery if they violate § 13A-8-42 and a person who is actually present aids them in committing a theft. (§ 13A-8-42(a))

Second-degree robbery is a Class B felony. (§ 13A-8-42(b)). If convicted, the following criminal penalties apply:

• At least two years of imprisonment, up to 20 years (§ 13A-5-6(a)(2)) and
• A fine of up to $30,000. (§ 13A-5-11(a)(2))

A person commits the crime of robbery in the first degree if they violate § 13A-8-42 and they do any of the following:

• They arm themselves with a deadly weapon or dangerous instrument (§ 13A-8-41(a)(1)) or
• They cause serious physical injury to another person. (§ 13A-8-41(a)(2))

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. (§ 13A-8-41(b))

First-degree robbery is a Class A felony. (§ 13A-8-41(c)). If convicted, the following criminal penalties apply:

• At least 10 years of imprisonment, up to 99 years of imprisonment (§ 13A-5-6(a)(1)) and
• A fine of up to $60,000. (§ 13A-5-11(a)(1))

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

A conviction for pharmacy robbery carries a mandatory minimum sentence of 10 years in prison and can result in a 99-year sentence. (§ 13A-5-52(a)). A second conviction for pharmacy robbery carries a life sentence without the possibility of parole. (§ 13A-5-52(b))