Theft of Property

Birmingham Theft Lawyer

Defending Against Theft and Property Crime Charges in Alabama

A theft of property conviction in Alabama carries significant consequences—jail or prison time, substantial fines, and a criminal record that can affect employment, housing, and financial opportunities for years. Under Alabama Code § 13A-8-2, theft of property occurs when a person knowingly obtains or exerts unauthorized control over another’s property with the intent to deprive the owner of that property. Alabama classifies theft offenses by the value of property taken, ranging from a Class A misdemeanor for property valued at $500 or less to a Class B felony for property exceeding $2,500 or involving a motor vehicle.

If you have been accused of a theft crime in Birmingham or anywhere in Jefferson County, it is important to take the charge seriously and to seek the help of an experienced Birmingham theft lawyer who can protect your rights and fight for your future.

At Joe Ingram Law LLC, we understand that a theft charge can be a frightening and overwhelming experience. We are here to provide you with the skilled and compassionate legal representation you need to navigate this difficult time. With over two decades of legal experience, including valuable time spent as a former Assistant District Attorney, Joe Ingram has a deep and comprehensive understanding of the Alabama criminal justice system.

Alabama’s Theft of Property Laws

Under Alabama law, a person commits the crime of theft of property if he or she knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of the property. The severity of a theft charge in Alabama is determined by the value of the property stolen, with classifications ranging from fourth-degree theft (Class A misdemeanor) for property valued at $500 or less, to first-degree theft (Class B felony) for property exceeding $2,500 in value or theft of a motor vehicle.

The statutory framework establishes clear value thresholds that determine the degree of the offense and corresponding penalties.

Degrees of Theft in Alabama

Alabama classifies theft of property into four degrees under §§ 13A-8-3 through 13A-8-5, with the degree determined primarily by the value of the property taken. Each degree carries distinct penalties ranging from a Class A misdemeanor to a Class B felony.

First-Degree Theft

First-degree theft of property is a Class B felony and applies when property exceeding $2,500 in value is stolen, when property of any value is taken directly from a person, or when a motor vehicle is stolen regardless of its value. A Class B felony conviction for first-degree theft can result in a prison sentence of not less than two years and not more than twenty years, and a fine of up to $30,000.

First-degree theft also includes organized theft schemes where the aggregate value of stolen property exceeds $1,000 within a 180-day period and the theft involves a common plan to sell the property to a person or business that knows or believes the property is stolen.

Second-Degree Theft

Second-degree theft of property is a Class C felony and involves theft of property valued between $1,500 and $2,500 and which is not taken from the person of another. Second-degree theft also applies to the theft of a firearm, rifle, shotgun, livestock (cattle, swine, equine, sheep), or any controlled substance, regardless of the property’s value. A Class C felony conviction can result in a prison sentence of not less than one year and one day and not more than ten years, and a fine of up to $15,000.

Third-Degree Theft

Third-degree theft of property is a Class D felony and involves theft of property that exceeds $500 in value but does not exceed $1,499 in value, and which is not taken from the person of another. Third-degree theft also applies to the theft of a credit card or debit card, regardless of its value. A Class D felony conviction can result in a prison sentence of not less than one year and one day and not more than five years, and a fine of up to $7,500.

Fourth-Degree Theft

Fourth-degree theft of property is a Class A misdemeanor and involves the theft of property which does not exceed $500 in value and which is not taken from the person of another. A Class A misdemeanor conviction can result in up to one year in jail and a fine of up to $6,000.

Fourth-degree theft is the least serious theft classification under Alabama law, but a conviction still results in a permanent criminal record that can affect employment, housing, and other opportunities.

Retail Theft and Shoplifting

Alabama enacted the Retail Theft Crime Prevention Act in 2023 (Act 2023-531), which created separate classifications for retail theft—the intentional taking or exerting unauthorized control over retail merchandise from a retail merchant or establishment with intent to deprive the merchant of possession or the full retail value. Retail theft penalties are structured similarly to general theft of property offenses, based on the retail value of merchandise taken.

• Retail Theft in the Third Degree — Under § 13A-8-225, retail theft that does not exceed $500 in retail value constitutes third-degree retail theft, a Class A misdemeanor. However, a fourth or subsequent conviction for any retail theft offense under the Act is elevated to a Class C felony.
• Retail Theft in the Second Degree — Retail theft that exceeds $500 but does not exceed $2,500 in retail value constitutes second-degree retail theft, a Class C felony.
• Retail Theft in the First Degree — Retail theft that exceeds $2,500 in retail value, or retail theft of one or more items aggregating $1,000 or more within a 180-day period, or theft of a firearm, rifle, or shotgun from a retail merchant (regardless of value) constitutes first-degree retail theft, a Class B felony.

The Retail Theft Crime Prevention Act also establishes the offense of organized retail theft under § 13A-8-226, which targets coordinated retail theft schemes involving professional thieves, fencing operations, and organized groups.

Common Defenses to Theft Charges

An experienced Birmingham theft lawyer will carefully review the facts of your case to identify any potential defenses. Alabama criminal law requires the prosecution to prove beyond a reasonable doubt that the defendant had the intent to permanently deprive the owner of their property. Defenses to theft charges typically challenge either the intent element or the prosecution’s ability to prove the defendant’s identity or involvement in the alleged theft.

Some common defenses to theft charges include:

• Lack of Intent — The prosecution must prove that you intended to permanently deprive the owner of their property. If you did not have the requisite intent to deprive, you cannot be convicted of theft. For example, if you took property under a good-faith belief that you had permission or that the property was abandoned, the intent element may not be satisfied.
• Claim of Right or Ownership — If you had a good-faith belief that you were the rightful owner of the property or had a legal right to possess it, you cannot be convicted of theft. Alabama law recognizes that a claim of right or ownership, even if mistaken, can negate the intent to unlawfully deprive another of property.
• Mistaken Identity — In some cases, you may be wrongly identified as the person who committed the theft. Your attorney can challenge the identification procedures and present evidence to show that you were not involved. Mistaken identification is a common issue in retail theft cases involving surveillance footage or witness descriptions.
• False Accusations — Unfortunately, false accusations of theft are not uncommon, particularly in domestic disputes, employment conflicts, or custody battles. Your attorney can investigate the facts of your case to uncover any evidence of a false accusation or ulterior motive by the accuser.
• Insufficient Evidence — The prosecution has the burden of proving your guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges—such as lack of eyewitness testimony, unreliable surveillance footage, or absence of physical evidence—your attorney can argue for a dismissal or acquittal.

Each case is unique, and the available defenses depend on the specific facts and circumstances surrounding the alleged theft.

Restitution and Civil Liability

In addition to criminal penalties, a person convicted of theft in Alabama may be ordered to pay restitution to the victim under the Alabama Crime Victims’ Rights Act and related statutes. Restitution is a payment made to the victim to compensate them for their financial losses and is determined by the court based on the value of the property stolen or the actual loss suffered by the victim.

Civil Recovery for Retail Theft

Under Alabama Code § 6-5-271, a retail merchant has a civil cause of action against any person who commits or attempts to commit theft of goods held for sale in the merchant’s establishment. This civil remedy is separate from and in addition to any criminal prosecution for theft. The merchant may recover the full retail value of merchandise not recovered in merchantable condition, expenses for recovery of merchandise ($200), and reasonable attorney’s fees and court costs (not to exceed $1,000).

Civil demand letters are commonly sent by retailers or their collection agencies prior to filing a lawsuit. You are not legally obligated to pay a civil demand without a court judgment, but it is important to speak with an attorney before making a decision, as failure to respond or pay may result in a civil lawsuit.

An experienced Birmingham theft lawyer can help you navigate both the criminal and civil aspects of your case and determine the best strategy for resolving civil liability claims.

How Our Birmingham Theft Lawyer Can Help

We can provide invaluable assistance in a variety of ways. From the moment you are charged, your attorney will work to protect your rights and build a strong defense. This includes:

• Investigating the facts of your case and reviewing all evidence
• Interviewing witnesses and identifying alibi or character witnesses
• Challenging the evidence against you, including the legality of searches and seizures
• Analyzing surveillance footage, receipts, and other documentary evidence
• Negotiating with the prosecutor for a reduction or dismissal of the charges
• Exploring diversion or pretrial intervention programs where available
• Providing skilled and aggressive representation in court, including motion practice and trial advocacy
• Advising on expungement and record-sealing options after case resolution

The goal is to achieve the best possible outcome, whether that means having charges dismissed, negotiating a favorable plea agreement, or winning an acquittal at trial.

Serving Jefferson County

Joe Ingram Law LLC is proud to serve clients throughout Jefferson County and the surrounding areas, including Birmingham, Vestavia Hills, Hoover, Homewood, Mountain Brook, Bessemer, and other communities. We have a deep understanding of the local court system—including Birmingham Municipal Court, Bessemer Cutoff Court, and the Jefferson County Criminal Justice Center—and a proven track record of success in defending clients against all types of theft charges.

Frequently Asked Questions About Theft of Property in Alabama

What is the difference between theft and robbery?

Theft is the taking of property without the use of force or fear. Robbery, as defined in Alabama Code §§ 13A-8-41 through 13A-8-43, is the taking of property from a person by the use of force or fear of immediate injury. Robbery is a more serious offense than theft because it involves violence or the threat of violence and is classified as a felony in all degrees, with first-degree robbery being a Class A felony.

What is the penalty for shoplifting in Alabama?

The penalties for shoplifting (retail theft) depend on the retail value of the goods taken. Under the Retail Theft Crime Prevention Act (Act 2023-531), retail theft that does not exceed $500 is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $6,000. If the retail value exceeds $500, the offense can be charged as a Class C felony (second-degree retail theft) or a Class B felony (first-degree retail theft), depending on the value and other factors. A fourth or subsequent conviction for retail theft is automatically elevated to a Class C felony.

Can I be charged with theft if I borrowed something and forgot to return it?

It is possible to be charged, but the prosecution would have to prove that you intended to permanently deprive the owner of their property. Intent is a critical element of theft under § 13A-8-2. If you simply forgot to return borrowed property or had a misunderstanding about the terms of the loan, you may have a valid defense based on lack of intent to permanently deprive the owner.

What is a civil demand letter?

A civil demand letter is a letter from a retailer (or its collection agency) demanding payment for the retail value of goods stolen, as well as statutory penalties and fees authorized under § 6-5-271. Under Alabama law, retailers may recover up to $200 in expenses, plus reasonable attorney’s fees and court costs (not exceeding $1,000), in addition to the retail value of merchandise not recovered. You are not legally obligated to pay a civil demand without a court judgment, but it is important to speak with an attorney before making a decision, as ignoring the demand may result in a civil lawsuit.

Can I get my theft charge expunged from my record?

In some cases, yes. Alabama’s expungement laws (§§ 15-27-1 and 15-27-2) allow for the expungement of certain theft charges and convictions. Non-conviction dispositions (dismissals, acquittals, no bills by grand jury, successful completion of diversion programs) may be eligible for expungement immediately or after a waiting period. As of 2021, Alabama law also permits expungement of certain misdemeanor and felony convictions, including theft convictions, subject to eligibility requirements such as waiting periods, payment of court costs and fees, and exclusions for certain violent felonies and offenses involving moral turpitude.

What should I do if I am arrested for theft?

If you are arrested for theft, it is important to remain silent and to ask for an attorney immediately. Under the Fifth Amendment to the U.S. Constitution and Alabama law, you have the right not to incriminate yourself. Do not make any statements to the police without an attorney present. Anything you say can and will be used against you in court. Contact an experienced Birmingham theft lawyer as soon as possible to protect your rights and begin building your defense.

What is the difference between grand theft and petty theft?

In Alabama, the distinction is based on the value of the property stolen and is codified in the theft of property statutes. “Petty theft” generally refers to fourth-degree theft (property valued at $500 or less), which is a Class A misdemeanor. “Grand theft” is not a term used in Alabama statutes, but felony-level theft (first-, second-, and third-degree theft) applies to property valued at more than $500. Theft of property valued at more than $500 is classified as at least a Class D felony (third-degree theft), with penalties increasing based on the value and type of property stolen.

Can I be charged with theft if I found something and kept it?

Yes. Alabama Code § 13A-8-6 defines theft of lost property as knowingly obtaining or exerting control over property which the person knows or learns to have been lost or mislaid, with intent to deprive the owner of the property. Theft of lost property is classified by value into degrees similar to general theft of property, with penalties ranging from a Class A misdemeanor to a Class B felony depending on the value. If you find lost property and make no reasonable effort to return it to the owner or turn it in to the authorities, you can be charged with theft of lost property.

What is restitution?

Restitution is a payment made by a defendant to the victim of a crime to compensate them for their financial losses. In theft cases, restitution is typically based on the value of the property stolen or the actual loss suffered by the victim (such as damage to property or costs incurred in recovering stolen items). Restitution is ordered by the court as part of the criminal sentence and is separate from fines paid to the state. Failure to pay court-ordered restitution can result in probation violations and additional legal consequences.

Contact Us Today

At Joe Ingram Law LLC, we are committed to providing our clients with the highest level of legal representation. With over two decades of experience, attorney Joe Ingram has the knowledge and skill to handle even the most complex theft cases. As a former prosecutor, he has a unique insight into how the other side thinks, which he uses to his clients’ advantage. We offer free consultations and are dedicated to providing personalized attention to each and every client.

Call (205) 825-5297 to schedule a consultation and discuss the defense options for your theft case.