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Experienced Birmingham Criminal Defense Lawyer Skillfully Defending Clients Facing Felony Theft Crimes

Robbery is a serious theft crime that involves taking another’s property while using force or the threat of force. While there isn’t a requirement that you injured the alleged victim—or even touched them—robbery is considered a violent crime and is punished accordingly. In fact, all robberies are felonies and, if convicted, you may face difficulties getting a job, going back to school, obtaining certain government benefits. Some robbery convictions will even render you ineligible to own a firearm—even if a gun wasn’t used during the robbery.

At the Stoves Law Firm, P.C., we understand what’s at stake in a robbery case and we’re prepared to do everything we can to prevent your case from ending in a conviction. Attorney Jason Stoves is a highly experienced Birmingham robbery lawyer who understands what it takes to secure the best possible result in even the toughest cases. Give us a call to schedule a free consultation today.

Alabama Robbery Laws 

Boiled down, a robbery is essentially an assault that occurs during the course of a theft. In Alabama, the crime of robbery is split up into three degrees. Below is a description and example of each type:

Robbery in the Third Degree – Ala. Code § 13A-8-43

Robbery in the third degree occurs when you use force or threaten to use force against a person during a theft. Robbery in the 3^rd degree is a Class C felony, punishable by 1 year and 1 day to 10 years in prison.

Example: If you were to forcibly snatch a purse from someone’s hand, threatening them in the process, prosecutors could charge you with third-degree robbery.

Robbery in the Second Degree – Ala. Code § 13A-8-42

You commit robbery in the second degree if you and another person engage in a theft that involves the use of force or the threat of force. The only difference between robbery in the third degree and robbery in the second degree is that the latter involves a co-defendant. This offense is a Class B felony, carrying a penalty of 2 to 20 years in prison.

Example: If you and a friend corner someone in an alley, and one of you pulls out a knife to keep the person from resisting while the other takes their wallet, you might be charged with second-degree robbery.

Robbery in the First Degree – Ala. Code § 13A-8-41

Robbery in the first degree is the most serious robbery crime and occurs if you are armed with a deadly weapon or dangerous instrument or if you cause serious physical injury to another during the commission of a theft. This is a Class A felony, punishable by a prison term of 10 to 99 years or life. If the robbery resulted in serious physical injury to the alleged victim, it’s considered a “crime of violence,” which means you will be prohibited from owning or possessing a firearm under Ala. Code § 13A-11-72(a).

Example: If during a store robbery, you use a gun to threaten the clerk, and during the confrontation, the clerk is shot and seriously injured, this would be treated as first-degree robbery. In fact, because a weapon was used, the offense would be graded as a first-degree robbery even if the clerk wasn’t injured.

Robbery Defenses

Like all other crimes, there are various defenses that apply in certain robbery cases. Depending on the case, a successful defense may result in the prosecution pursuing less serious charges or even withdrawing the case against you. If the prosecution is unwilling to accept the defense, our Birmingham robbery attorney will present the defense to the judge or jury in hopes of securing an acquittal. Below are some of the most common robbery defenses:

• Misidentification – The alleged victim mistakenly identified you as the person who robbed them.
• Legal Insufficiency – the prosecution’s evidence fails to establish each element of the offense beyond a reasonable doubt.
• Alibi – You are able to prove that you were somewhere else when the robbery was committed.
• Fabrication / Exaggeration – The alleged victim intentionally reported a crime that didn’t happen or didn’t happen the way they said it did.
• Lack of Intent – While you may have intended to commit a theft, you did not intend to use force (i.e., any physical contact was accidental).

Are You Facing Robbery Charges in Birmingham?

If you’ve been charged with robbery and you’re looking for a Birmingham robbery lawyer who will have your back every step of the way, reach out to the Stoves Law Firm, P.C. Attorney Jason Stoves is a veteran criminal defense attorney who has been defending clients in Jefferson, Shelby and Tuscaloosa counties for over two decades. We have the skill, knowledge, and tenacity you need to feel comfortable placing your case—and your future—in his hands. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.