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2nd Degree Property of Theft question

Birmingham, AL |

I was wondering if my child's father stole $2,000.00 and my .380 pistol out of my car, what will his penalty be? He asked for my keys while we were at my ultrasound to get some change out the car. He had the nurse to give me my keys back to me and he had someone to come pick him up from the hospital. What will he be fined with, if he gets fined?

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Attorney answers 2


It carries 2-20 years if no prior felonies. More if priors. He would get fines and costs.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


Under the Code of Alabama, 1975, section 13A-8-4, titled 'Theft of property in the second degree.' states that Theft of property in the second degree is punished as a Class C felony. Among the elements of the offense include: .... "(d) The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree." The punishment for a Class C felony may include imprisonment in the state prison system for not more than 10 years or less than 1 year and 1 day. In addition, the trial court may impose a fine of not more than $15,000. The theft of money in the amount of $2000 is also classified as a Class C felony offense. The offender may be tried on two felonies - the first being the theft of cash and the other being the theft of a firearm. If convicted of both offenses, the trial court may order the sentences to be served concurrently. However, the trial court has wide discretion in this matter and may impose supervised probation in lieu of imprisonment. A great deal depends on the offender's prior criminal record, if any, and the Pre-Sentence Investigation that is prepared by the Probation Officer.



He does have prior theft charges that he have a warrent out for now, he just haven't been caught yet. So with him having a theft charge pending, what is the possiblity of him getting locked up?

Michael Wayne Whisonant Jr.

Michael Wayne Whisonant Jr.


Considering the above posts, he is likely to face more fines and penalties for his 2nd and subsequent theft charge. If the 2nd theft charge is also a class C felony then he will be subject to Alabama's habitual offender act. If he has 1 prior felony then he would be subject to 2-20 years in the state penitentiary and a fine up to $30,000. However, these fines and penalties are all in the wide discretion of the trial court. I hope this helps. MW

Richard Stephen Jaffe

Richard Stephen Jaffe


If the total amount stolen exceeds $2500.00 then it is a Class B felony that carries 2-20 years along with a fine, if a first offense. However, the accused could recieve probation, or if under 21 at the time, then potentially youthful offender (YO) treatment. If YO then it will not be considered a crime.

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