Birmingham Theft Crime Attorneys

Theft in the Second Degree

If the value of the stolen merchandise falls between $1,500 and $2,500, this constitutes theft in the second degree. Third-degree theft constitutes a Class C felony. A conviction is punishable by: 

• Up to 10 years in prison
• Up to $15,000 in fines

Regardless of property value, the theft of firearms, certain controlled substances, or livestock is also considered second-degree theft. 

Theft in the Third Degree

Third-degree theft is committed when the value of the stolen items is more than $500 but less than $1,500, resulting in Class D felony charges. If convicted, this offense is punishable by:

• Up to 5 years in prison
• Up to $7,500 in fines

Theft in the Fourth Degree

As the least severe theft offense, fourth-degree theft is typically charged as a Class A misdemeanor in Alabama. Defendants commit theft in the fourth degree when the stolen merchandise is valued at or under $500. If convicted, criminal penalties may include:  

• Up to 1 year in jail
• Up to $6,000 in fines

Enhanced Penalties for Theft

In many cases, the court will enhance the criminal penalties for repeat felony offenders. Final sentencing generally depends on the quantity of past convictions and the felony class for the current offense. It’s imperative to partner with a trusted defense attorney who can build you a strong defense and support your claims with compelling evidence. 

Judges in Alabama have some discretion within statutory ranges, and they may consider factors such as your prior record, efforts at restitution, and willingness to comply with probation conditions. A larceny defense lawyer can gather mitigating information, communicate with the prosecutor about alternatives to long periods of incarceration, and help you prepare to speak to the court if a sentencing hearing is scheduled. By presenting a full picture of your life circumstances and the steps you are taking to move forward, we work to reduce the long-term impact of a theft conviction wherever possible. 

5 Ways to Defend Against Theft Charges

There are various strategies to defend against theft charges. Common defenses include: 

1. Lack of intent: To constitute theft, the defendant must have acted knowingly and with intent to deprive the owner of his or her property. If there was no criminal intent behind the alleged criminal behavior, this can result in the dismissal of charges. 
2. False allegations: If you were misidentified as the culprit in a theft crime, your lawyer may argue that the allegations against you are false by establishing an alibi in your defense and supporting your claim with compelling evidence, such as eyewitness interviews or security camera footage. 
3. Challenging inadmissible evidence: In criminal cases, the prosecution bears the burden of proof, meaning the opposing counsel must prove "beyond a reasonable doubt" that you committed the offense in question. If the prosecution lacks sufficient evidence to meet the standard of proof or relies on inadmissible evidence to pursue a conviction, your lawyer can work to remove this evidence and reduce or dismiss the charges you're facing. 
4. Ambiguous ownership: If ownership of the stolen property is ambiguous, undefined, or shared between multiple individuals, your attorney may employ this strategy to establish that you genuinely believed you had rightful ownership of the stolen property. 
5. Coercion or duress: If you were coerced to commit theft against your will, such as while under duress by a friend, coworker, or family member, your lawyer can fight to get the charges reduced or dismissed by establishing compelling evidence in your defense.   

Remember, consulting with an experienced theft crime attorney is paramount before implementing any defense, as your lawyer can evaluate your unique circumstances with a practiced legal eye to determine the most appropriate and effective strategy to employ in your defense. 

What To Expect During a Theft Case

Many people facing theft charges have never been through the criminal justice system before and are unsure what the process will look like from arrest to conclusion. After an arrest or notice to appear, you will typically attend an initial appearance or arraignment in a local court, such as the Jefferson County District Court or a nearby municipal court, where the charges are formally read and issues like bond are addressed. Future court dates may include preliminary hearings, motion hearings, plea negotiations, and, if necessary, a trial. Understanding this timeline can make it easier to plan for time away from work, arrange childcare, and gather documents or witnesses that may support your defense. 

Throughout your case, your attorney will keep you informed about deadlines, communicate plea offers from the prosecution, and advise you about the pros and cons of each decision point. A larceny attorney can also help you prepare for important events, such as testifying in your own defense or speaking to the judge at sentencing if your case reaches that stage. By staying in close contact with your legal team and asking questions when you are unsure about a step in the process, you can feel more confident and engaged in the choices that will affect your record and your future. 

In some theft cases, issues such as restitution, probation conditions, or no-contact orders with alleged victims can be just as significant as the length of any jail sentence. A larceny attorney Birmingham defendants work with will take time to understand your financial situation, employment, and family responsibilities so that any proposed resolution takes these realities into account. When you have a clear picture of the likely outcomes and obligations associated with each option, it becomes easier to decide whether to accept an offer, seek a different agreement, or continue preparing for trial. 

In some situations, it may be possible to resolve a case through pretrial diversion, restitution agreements, or other alternatives that keep a conviction off your record, especially if you are facing charges for the first time. A larceny criminal defense strategy will also take into account related issues like immigration status, professional licenses, or school enrollment so that you understand the broader consequences of each option. By talking through these possibilities with your lawyer, you can choose a path that balances legal risks with your personal and family needs. 

Top-Rated Criminal Defense Attorneys in Birmingham

At Revill Law Firm, our award-winning attorneys have extensive experience defending clients in a wide range of criminal defense cases. From drug crimes to DUI defense to white-collar crimes, our firm has a longstanding reputation for obtaining extraordinary results for the accused in Birmingham and beyond. We believe every person is entitled to a second chance, which is why our team is committed to protecting your life, liberty, and future. Don’t throw away your reputation by failing to secure a well-fortified defense. Turn to a firm you can trust to aggressively pursue the results you deserve. 

If you are searching for a larceny attorney in Birmingham, it is important to work with a firm that understands how local judges, prosecutors, and juries tend to view these cases. Our team regularly appears in the criminal courts serving Birmingham and nearby communities, and we use that insight to advise you about likely timelines, plea offers, and trial risks in your particular matter. By combining our knowledge of Alabama law with practical experience in the local system, we strive to provide clear guidance and steady support from your first court appearance through the final resolution of your case. 

Regardless of the charges against you, seeking sound counsel is paramount to restoring your freedom. Contact us online to discuss your case with a seasoned criminal defense attorney.