Another major crime is burglary, categorized by varying degrees in Alabama. The most severe burglary charge is burglary in the first degree, governed by §13A-7-5. To commit an act of burglary in the first degree, the offender must knowingly and unlawfully enter or remain in a building with the intent to commit a felony, and must also be armed with explosives, cause physical injury to another, or either use or threaten to use a deadly weapon that the offender is armed with.
Burglary in the first degree is a Class A felony, penalized by 10-99 years’ imprisonment. To reduce the charge to burglary in the second degree, the elements are similar, but the unlawful requirement of the entry is removed. Burglary in the second degree is a Class B felony, punished by 2-20 years’ imprisonment. Burglary in the third degree removes several key elements to higher degrees of burglary, requiring only that the offender knowingly enters or remains in a building with the intent to commit a crime. This charge can also be reached when the offender causes $1,000 or more in damage to a dwelling that the offender knowingly entered. For burglary in the third degree, the classification is further reduced to a Class C felony, carrying penalties of 1-10 years’ imprisonment. Lower degrees of burglary can serve as lesser included offenses for higher degrees, with criminal mischief and criminal trespass standing as avenues to reduce charges for burglary in the third degree.
Alabama law also criminalizes domestic violence by strangulation or suffocation under §13A-6-138, covering any acts of menacing or assault with intent to cause harm by way of strangulation or suffocation. This offense is a Class B felony, punishable by 2-20 years’ imprisonment. The case of Caver v. State defines the boundaries of burglary, finding that a “dwelling” under the statute means any building normally used by a person for sleeping, living, or lodging. Even if a person has multiple buildings that could be defined as their “dwelling,” a burglary charge can still be sustained if an offender enters one of such dwellings with the intent to commit a felony therein.
Robbery in Alabama is similarly classified by three different degrees, reflecting the severity of the offense. The degrees of robbery are separated by distinct elements, with the lowest offense, robbery in the third degree, including any theft where the perpetrator either uses force or threatens force to compel someone to give them property. Robbery in the third degree, governed by §13A-8-43, is a Class C felony, punishable by 1-10 years’ imprisonment. The penalties for robbery increase in the second degree, which requires aid from a person actually present for the offense. The addition of an accomplice raises the charge to a Class B felony and raises the sentence to 2-20 years’ imprisonment.
For robbery in the first degree, the perpetrator must either be armed with a deadly weapon or cause serious physical injury to another person during the course of the robbery. This additional element raises the charge to a Class A felony, punishable by 10-99 years’ imprisonment. Due to the variance in the degrees of robbery, lower degrees of robbery are not always applicable as lesser included offenses. However, in some circumstances, Alabama courts have recognized theft of property as a lesser included offense to robbery. In the case of Bishop v. State, the Court analyzed the elements of robbery to determine whether theft was a lesser included offense within the elements. The Court held that using the threat of imminent force to take possession of the property was sufficient to raise the offense to burglary, rather than theft.
In the event you are charged with burglary or robbery in Alabama, contact Ingram Law LLC or Joseph A. Ingram at joeingramlaw.com or 205-335-2640. Get Relief Get Results.