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Claim of Right is Not a Defense to Robbery
What is “Claim of Right”?
Simply put, “Claim of Right” is when a defendant reasonably and actually believes that the item or money that was taken belonged to them at the time of the taking. For example, if a defendant saw a bag that looked just like their own bag that had been stolen the previous week and tried to take it back from the person, this would be a case where the defendant would exercise the Claim of Right. However, the Claim of Right is absolutely not to be used as a defense in robbery cases under Code of Alabama (1975) § 13A-8-44.
Why is Claim of Right Not Used as a Defense to Robbery Allegations?
Claim of Right cannot be used in defense to robbery allegations because of the differences between robbery and straight forward theft and the intent of the legislators who drafted the individual laws. Under Code of Alabama (1975) § 13A-8-3, the elements of Theft of Property are as follows:
- Property is taken from another, but not from the person of another.
- The accused knows that the property does not belong rightfully to them.
Robbery is simply theft of property under the threat of violence or the actual use of violence. The reason the laws differentiate Theft of Property and Robbery laws comes down to what interest they protect in the citizen. Theft of Property laws protect the citizens of Alabama from wrongfully losing their property. Robbery does this as well, but with the added protection from the violence inherently involved in the robbery.
Why is this Important?
Knowing the different defenses available to a defendant is the job of an experienced defense attorney. At The Stoves Law Firm, we have over 25 years of experience in criminal defense and are able to wield them to great effect in court while protecting your rights. If you or a loved one has recently been arrested and charged with robbery or another theft crime, it is imperative that you reach out to a qualified and experienced defense attorney as soon as possible. Call The Stoves Law Firm at (205) 823-7233, or fill out our confidential contact form today to get a free consultation on your case. Let us find you reasonable doubt for a reasonable price.