Robbery Charges in Alabama: Penalties and Defenses

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In Alabama, robbery is a violent crime that can be charged as a Class A felony punishable by 10 years to life. Learn the degrees of robbery, penalties, and possible defenses.

Robbery in Alabama is treated as both a property crime and a violent crime because it involves taking something of value through the use or threat of force. The law defines robbery in three degrees. Under Alabama Code section 13A-8-41, robbery in the first degree occurs when a person commits a theft and is armed with a deadly weapon or dangerous instrument, or when they cause serious physical injury to another person during the crime. This offense is a Class A felony, punishable by ten years to life in prison and fines up to sixty thousand dollars. Robbery in the second degree, under section 13A-8-42, applies when two or more people commit a robbery together or when the accused represents that they are armed, and it is classified as a Class B felony punishable by two to twenty years. Robbery in the third degree, under section 13A-8-43, involves the use of force or threat of force during a theft without the aggravating factors that make it first or second degree. This offense is a Class C felony, punishable by one to ten years.

Prosecutors in Alabama pursue robbery cases aggressively because of the threat to human life that comes with using force during a theft. The presence of a weapon, even if it is not fired, is enough to elevate the charge to first degree. The state does not have to prove that the victim was actually injured, only that force or the threat of force was used to accomplish the theft. In many cases, prosecutors will also use accomplice liability to charge all participants in the crime equally, even if only one person carried a weapon or used force.

Defending against a robbery charge requires careful analysis of the evidence. A defense attorney may argue that the accused did not intend to commit a theft, that no weapon was used, or that the alleged force was exaggerated or fabricated. Mistaken identity is a common defense in robbery cases because many are based on eyewitness testimony that can be unreliable. Surveillance video, forensic evidence, and alibi witnesses can play a critical role in building a defense. In some cases, the defense may focus on reducing the charge from first or second degree to third degree robbery, or even to theft, which carries much lighter penalties.

Many defendants facing robbery charges have urgent questions. What is the penalty for first degree robbery? It is a Class A felony punishable by ten years to life in prison. Can a robbery charge be reduced? Yes, if the evidence is weak or there are mitigating circumstances, prosecutors may agree to reduce the charge to a lesser degree. Is parole available for robbery convictions? Parole is possible in many cases, but repeat offenders or cases involving serious injury may limit eligibility. What if no property was actually taken? The law requires only that the theft was attempted with force or threat, so property does not need to be successfully stolen. How quickly should I hire a lawyer? Immediately, because early investigation can uncover evidence that supports the defense.

If you are charged with robbery in Alabama, your freedom and your future are at stake. For immediate legal help, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205 335 2640. Get Relief Get Results.

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