Alabama Appellate Court Reverses First-Degree Robbery Conviction on Double Jeopardy Grounds

The Stoves Law Firm

It is common for prosecutors in Alabama to seek as many charges as possible based on a single criminal incident. This practice may sometimes result in a defendant being convicted of multiple crimes for just one act. While this approach may appear to serve justice, it can also come into conflict with constitutional protections against “double jeopardy”—the principle that a person should not be tried or punished for the same offense more than once.
A recent case serves as a prime example of this phenomenon. In this instance, a man faced convictions for both first-degree robbery and pharmacy robbery arising from a single event. The defendant challenged these convictions, arguing that they violated the Double Jeopardy Clause of the Fifth Amendment, which guards against multiple punishments for the same crime. He contended that the two robbery charges were interconnected and that he should not have been convicted of both crimes.

The Facts of the Case


The case involved an accusation that the individual had robbed a pharmacy, an act that included stealing controlled substances while threatening employees with a weapon. He was charged with first-degree robbery for the general act of robbery and pharmacy robbery for the specific crime of robbing a pharmacy to obtain controlled substances. During the trial, the court found the defendant guilty of both charges. However, the defendant appealed the decision, asserting that because the elements of pharmacy robbery included those of first-degree robbery, being convicted for both offenses was a breach of the Double Jeopardy Clause.
Upon review, the court agreed with the defendant’s argument. The court determined that, in this context, first-degree robbery was a lesser-included offense of pharmacy robbery, meaning that the elements of the first-degree robbery offense were encompassed within the crime of pharmacy robbery. Therefore, being convicted for both offenses based on the same conduct violated the Double Jeopardy Clause. The court’s ruling was based on the legal principle that a greater offense (pharmacy robbery) subsumes a lesser offense (first-degree robbery), leading to the conclusion that the conviction for first-degree robbery should be vacated as it was redundant.

The Appellate Court’s Decision

Despite the overturning of the first-degree robbery conviction, the defendant’s conviction for pharmacy robbery stood, and he was sentenced to life without the possibility of parole. This outcome illustrates the severe consequences of criminal charges in Alabama, even when part of a case is successfully contested.
This case highlights a crucial point for anyone facing criminal charges: the legal system’s complexity and the high stakes involved. Prosecutors in Alabama often pursue the most severe penalties available, using all legal avenues at their disposal. This aggressive strategy means that a strong defense is essential for avoiding harsh sentences and achieving the best possible outcome.

Finding the Right Attorney to Address Serious Criminal Allegations

If you find yourself accused of a crime, an experienced lawyer can develop a strategic defense from the beginning, enhancing your chances of a favorable result, whether that be an acquittal, a reduction in charges, or a dismissal. At The Stoves Law Firm, our attorneys are dedicated and fearless advocates for our clients. We understand the complexities of Alabama’s criminal justice system and are committed to fighting for your rights. Whether you face minor charges or serious allegations, we are here to offer expert legal counsel and a robust defense. If you or someone you know is dealing with criminal charges in Alabama, do not hesitate. Contact The Stoves Law Firm at 205-823-7233 to schedule a free consultation and take the first step toward securing your future.

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