Alabama Theft Charges: Degrees, Evidence, and Defenses
An Alabama theft charge turns on more than the value of missing property. The State must prove the charged form of theft, the required intent, and the facts that determine the degree of the offense. A report, arrest, or indictment is an allegation—not a finding of guilt. Early review should focus on the charging paper, ownership and authority, valuation, the accused person's intent, and the records or witnesses that may support or contradict the accusation.
Alabama law was reviewed on September 11, 2026. The controlling law and charging document should be rechecked before anyone relies on this overview.
What Alabama calls theft of property
Alabama Code Section 13A-8-2 defines several ways theft of property may be alleged, including knowingly obtaining or exerting unauthorized control over another person's property with intent to deprive the owner, obtaining control by deception, or obtaining control over property known to be stolen. The exact subsection matters. A disagreement over permission, repayment, a contract, or ownership is not automatically a criminal theft, but labels such as civil dispute do not decide the issue either.
Related accusations can involve receiving stolen property, theft of services, lost property, identity-related conduct, or property taken from a person. Counsel should identify the precise statute instead of treating every property accusation as the same offense.
How the degree and evidence affect the case
Alabama divides theft of property into four degrees. The current provisions for first degree, second degree, third degree, and fourth degree use value ranges and special property categories. As reviewed, the classifications range from a Class A misdemeanor to Class B, C, or D felonies. A vehicle, firearm, credit or debit card, property taken from a person, or property connected to a common plan may be treated differently from ordinary merchandise of the same dollar value.
Valuation is evidence, not merely a number in a police report. Receipts, market comparisons, condition, depreciation, ownership documents, account records, messages, video, location data, and witness testimony may matter. So may evidence about permission, mistake, claim of right, identification, possession, knowledge, and intent. A defense is built from the actual elements and reliable evidence; no one defense fits every theft case.
What to do after a theft charge
Keep the complaint, warrant, bond papers, receipts, messages, contracts, photographs, and account records.
Do not delete or alter digital material, contact an accusing witness, or post about the allegation.
Follow every release condition and confirm the next court date.
Ask counsel to compare the charged subsection with the alleged property, value, and evidence.
The Alabama Rules of Criminal Procedure govern issues such as discovery, motions, and trial. The firm's Alabama criminal-defense page explains the broader process.
Frequently asked questions
Is every Alabama theft charge a felony?
No. The degree depends on the statute, value, property category, and alleged circumstances. Fourth-degree theft is classified as a misdemeanor, while higher degrees are felonies. The current code and charging instrument must be reviewed together.
Can a theft charge exist when I planned to return the property?
Intent is central, but an expressed plan to return property does not automatically resolve the case. Permission, duration, communications, conduct, and the statutory definition of deprive may all affect the analysis.
Can the value stated by police be challenged?
Yes. Value may be disputed with admissible evidence about the property's identity, condition, ownership, market, and timing. Whether a valuation dispute changes the degree depends on the complete record.
Discuss an Alabama theft allegation
Elliott Owen Lipinsky represents people facing criminal allegations from a Selma office. You can request a case evaluation or read about the attorney before deciding whether to contact the firm.
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