Robbery is categorized as a violent crime in the State of Alabama with serious consequences. Robbery is generally defined as the use or threat of force in taking, or attempting to take, the property of another. In other words, THEFT + force = Robbery. If you, or someone you know, has been accused of robbery, you need the legal services of a robbery attorney immediately. Boles Holmes White LLC has criminal attorneys experience in robbery trials and would be glad to consult with you on your robbery case. In order to assist us in this free consultation, we would appreciate some basic information such as what level of robbery has been brought against you. There are three categories of robbery in Alabama: Robbery 1st; Robbery 2nd; and Robbery 3rd.
Robbery in the first degree (robbery first) is the most serious robbery allegation carrying the most severe punishment. Robbery I typically involves accusations that the accused used or threatened the use of a deadly weapon in either taking or attempting to take property from another person. Robbery First is often called “Armed Robbery” because it implies that the robbery defendant was armed with a deadly weapon such as a gun or a knife. A deadly weapon is not absolutely necessary to be charged with Robbery I, as if you cause serious physical injury to the victim, even if done without a deadly weapon, you can face robbery I charges. Alabama’s robbery first degree statute can be found at 13A-8-41. Robbery 1st in Alabama is considered a Class A felony and typically has a range of punishment of 20 years to life due to the mandatory sentencing enhancement applicable to use of a deadly weapon in commission of a felony. Therefore, the stakes could not be higher if you have been charged with robbery first.
Robbery in the second degree (robbery second) usually applies when more than one person uses force (or threatens the use of force) against another person in order to take (or try to take) their property. Robbery II typically means that no deadly weapon was involved, but that the threat of force (or actual force) by multiple defendants was used to intimidate the victim. Alabama’s robbery second degree statute can be found at 13A-8-42. Robbery 2nd in Alabama is a Class B felony, punishable by 2 years to 20 years in prison.
Robbery in the third degree (robbery third) is also known as “strong armed robbery” and means that the defendant used force, or threatened the use of force (but no deadly weapon) to take (or attempt to take) the property of another. The main difference between Robbery III and Robbery II is that Robbery III defendants typically acted alone. The typical Robbery III charge arises out of a shoplifting or gone wrong where the defendant uses any amount of force to attempt to escape with the stolen property. Alabama’s robbery third degree statute can be found at 13A-8-43. Robbery 3rd in Alabama is a Class C felony, punishable by a year and a day to 10 years in prison.
One common misconception of Robbery defendants in Alabama is that if they were unsuccessful in actually obtaining any property, they are not guilty of robbery, but only attempted robbery. The Alabama legislature made it clear in drafting all robbery statutes that they apply to any actual forcible taking of property as well as attempted forcible taking of property. Therefore, an unsuccessful attempt is not a legitimate defense to any robbery charge in Alabama.
Another misconception of those charged with Robbery is that if no actual force was used, then no robbery took place. Robbery statutes do not require actual force, but on the threatened use of force. Therefore, you don’t have to injure the victim to be guilty of robbery, but only threaten injury either by words or actions.
The attorneys at Boles Holmes White LLC, have experience in crafting successful defense strategies in robbery cases. For a free consultation on your case, contact us today.