The value and type of property involved in an Alabama theft case can determine whether the accusation is a misdemeanor or a serious felony.
Theft of Property in the First Degree is governed by Alabama Code §13A-8-3.
Quick Answer: What Is Theft First Degree in Alabama?
Alabama law classifies several situations as theft of property in the first degree.
They include theft of property exceeding $2,500 in value and theft of a motor vehicle regardless of its value.
The statute also covers property of any value taken from another person’s person and certain aggregated theft schemes.
Theft of property in the first degree is a Class B felony.
Is Stealing Any Car First-Degree Theft?
Generally, theft of a motor vehicle falls under first-degree theft regardless of the vehicle’s dollar value.
This can make an allegation involving an older or inexpensive vehicle much more serious than someone might expect based solely on its market value.
What If There Is a Dispute About Ownership?
Not every property dispute is automatically a criminal theft. Cases can arise from disagreements involving:
- Jointly owned property
- Romantic relationships
- Family members
- Business partners
- Borrowed property
- Vehicles
- Estate property
- Property that was allegedly given as a gift
The prosecution must still prove the elements of theft rather than merely establish that two people disagree over property.
Why Valuation Matters
When the degree of theft depends on value, the State’s valuation should be examined. Questions may include:
- What was the property’s fair market value?
- How old was it?
- What condition was it in?
- Is the alleged victim using replacement cost rather than actual value?
- Is there documentation supporting the amount?
- Does the State’s evidence actually cross the statutory threshold?
A relatively small difference in valuation can change the degree of the offense.
Intent Is Important
Theft generally requires more than accidentally possessing someone else’s property.
A case may turn on what the accused believed, whether the property was borrowed, whether permission existed, or whether there was an intent to deprive the owner of the property.
Text messages, purchase records, financial records, photographs, and witness testimony can therefore become important.
Frequently Asked Questions
What dollar amount is felony theft first degree in Alabama?
Property exceeding $2,500 in value falls within first-degree theft under §13A-8-3, subject to the statute’s other provisions.
Is stealing a vehicle first-degree theft?
Yes. Theft of a motor vehicle is classified as theft of property in the first degree regardless of value.
What class felony is theft first degree?
It is a Class B felony.
Can valuation be challenged?
Yes. When value determines the degree of the offense, the evidence supporting the claimed value can be highly important.
Accused of Felony Theft?
A felony theft charge should not be reduced to an allegation on a police report. Ownership, valuation, intent, witness credibility, video evidence, and the accused person’s explanation all matter.
Call Nick Law represents people charged with theft and property offenses throughout North Alabama.
This article is general information and does not constitute legal advice.
Nick Lough is a Huntsville attorney with nearly a decade of experience fighting for clients in criminal defense, family law, and personal injury cases. He provides dedicated, client-focused legal representation.
