Alabama recently revised the dollar thresholds that determine how theft offenses are charged — meaning the same conduct that used to be a felony may now be a misdemeanor, and the same conduct that used to be a low-level misdemeanor may now carry different consequences. If you've been arrested for theft, shoplifting, or receiving stolen property, the version of the law in effect when you were charged matters.
Here's a clear breakdown of how Alabama grades theft offenses today and what to do if you're facing charges.
How Alabama Grades Theft
Alabama divides theft into degrees based primarily on the value of the property taken, with certain items (such as firearms and controlled substances) triggering higher degrees regardless of value. The general structure looks like this:
- Theft of Property in the First Degree — the most serious felony tier, reserved for the highest-value property and specific items like firearms
- Theft of Property in the Second Degree — a mid-level felony for property over a defined threshold
- Theft of Property in the Third Degree — a lower-level felony tier
- Theft of Property in the Fourth Degree — a misdemeanor for lower-value property
The legislature increased the dollar amounts separating these tiers, which means some conduct that previously qualified as a felony now sits in a misdemeanor range. The change is not retroactive in every situation, so the date of the alleged offense is critical.
Why the Threshold Change Matters
Moving a charge from felony to misdemeanor is not a small thing. The downstream consequences include:
- Maximum penalties — felonies can carry years in prison; misdemeanors are capped at no more than a year in jail
- Voting and firearm rights — a felony conviction can affect both
- Employment — many employers screen specifically for felony convictions
- Immigration consequences for non-citizens
- Future enhancements — prior felonies count under Alabama's Habitual Felony Offender Act, dramatically increasing sentences on later charges
Common Theft-Related Charges
Beyond the four degrees of theft of property, prosecutors regularly file related charges that are also affected by the updated thresholds, including:
- Theft of services (e.g., not paying for hotels, utilities, or labor)
- Receiving stolen property
- Shoplifting and theft of merchandise
- Theft by deception or fraudulent transactions
Each has its own elements the State must prove — and each offers its own defense opportunities.
Defenses Worth Exploring
A theft charge is not a conviction. Strong defenses often include:
- Lack of intent — theft requires the intent to deprive; honest mistakes and disputes over ownership are not theft
- Valuation challenges — the State must prove the property’s fair market value, and aggressive valuations are common
- Identification issues, especially in surveillance-based shoplifting cases
- Unlawful stops, searches, or detentions by store loss-prevention or police
- Charging the wrong degree — pushing a case down to a lower tier can change everything
Act Before the Charge Hardens
Theft cases often look straightforward from the outside but turn on details: receipts, video angles, witness statements, and how the property was valued. The earlier a defense attorney gets involved, the more of those details can still be preserved or challenged.
If you've been charged with theft, shoplifting, or another property offense in Alabama, contact Elizabeth Hunter Law today for a confidential case review. The right strategy at the right time can mean the difference between a felony record and a charge reduced, dismissed, or kept off your record.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Alabama laws change frequently, and how a law applies depends on the specific facts of your case. If you are facing criminal charges or have questions about how a recent law affects you, contact Elizabeth Hunter Law for a confidential consultation.