Alabama Theft Charges: Degrees, Penalties, Next Steps

Theft may seem like a straightforward charge, but under Alabama theft laws, the penalties can vary widely depending on what was taken, how much it was worth, and whether it’s your first offense. From shoplifting small items to stealing a vehicle, Alabama theft charges can lead to fines, probation, or even years behind bars.

Understanding what you’re facing is the first step toward protecting yourself. In this guide, we’ll break down the different degrees of theft in Alabama and explain recent law changes that affect shoplifting and retail theft. We’ll also outline what to do if you’ve been accused so you can take back control of your situation with clarity and confidence.

What Are the Levels of Theft in Alabama? 

Theft laws in Alabama don’t treat every case the same. The law divides theft into degrees based on the value of what was taken and how the theft occurred. These classifications determine whether your charge is considered a felony or a misdemeanor and what kind of penalties you could face if convicted.

Each degree comes with different sentencing ranges, fine limits, and long-term effects on your record. Understanding where your charge falls within these levels is key to knowing what comes next and how to protect your future.

Penalties by Theft Degree in Alabama

Alabama separates theft offenses into four degrees, with penalties that depend on the value of what was taken and how the theft occurred. The higher the degree, the steeper the consequences.

First Degree Theft (Class B felony)

This is the most serious theft offense, typically involving stolen property worth $2,500 or more, or theft of a motor vehicle. A grand theft auto charge in Alabama can lead to 2 to 20 years in prison and fines up to $30,000.

Second Degree Theft (Class C felony)

2nd degree theft usually involves property worth $1,500 to $2,499, or stolen items such as firearms or controlled substances. Penalties include 1 to 10 years in prison and fines up to $15,000.

Third Degree Theft (Class D felony)

3rd degree theft charges in Alabama cover property valued between $500 and $1,499 and often apply to retail theft or shoplifting cases. Sentences can include 1 to 5 years in prison and fines up to $7,500.

Fourth Degree Theft (Class A misdemeanor)

This applies to property valued under $500. Although less severe than felony charges, it can still lead to up to 1 year in jail and fines up to $6,000.

Each Theft Can Hurt Your Livelihood

Each degree of theft comes with long-term consequences that can affect employment, housing, and your criminal record. Felony theft charges in Alabama (First, Second, or Third Degree) carry prison exposure and long-term record consequences, which is why early representation matters. 

The sooner you consult a defense lawyer, the stronger your chances of reducing charges or avoiding conviction altogether.

Additional Consequences of a Theft Conviction

The punishment for theft in Alabama doesn’t end with fines or jail time. A conviction, especially a felony, can follow you long after your sentence is served, limiting opportunities and creating long-term challenges.

A theft conviction can affect:

• Employment: Many employers perform background checks and may be hesitant to hire someone with a theft-related record.
• Professional Licensing: If you hold a license in healthcare, education, or another regulated field, you could face suspension or revocation.
• Housing: Landlords often reject rental applications from individuals with theft or fraud convictions.
• Financial Aid and Loans: Some theft convictions can impact eligibility for student aid or other financial programs.
• Reputation and Relationships: Beyond legal penalties, a theft allegation can damage personal and professional trust.

While these consequences are serious, they are not always permanent. With the help of an experienced criminal defense attorney, it’s often possible to reduce charges, negotiate alternative sentencing, or work toward clearing your record in the future.

How Prior Convictions Affect Theft Sentencing

Prior convictions can raise the stakes, but they don’t erase your options.

How a record can change your case:

• Charge upgrades: Repeat incidents can be filed at a higher degree or as a felony based on value and history.
• Habitual Felony Offender Act (HFOA): Prior felonies can expand the sentencing range on a new felony theft.
• Fewer leniency paths: Diversion, deferred prosecution, or probation may be harder to secure with multiple priors.
• Custody risk: A record can shift outcomes from probation or county time to state prison.
• Added conditions: Courts may order higher restitution, longer probation, or stricter supervision.

If you have priors, you still have a pathway forward. A focused defense can challenge value, dispute intent, present mitigation, and pursue treatment or programs where appropriate. 

So, How Much Do You Have to Steal to Go to Jail in Alabama?

Short answer: jail is possible at any degree, depending on value, your record, and the facts of the case.

Value matters:

• Under $500 (Fourth-Degree Theft, Class A misdemeanor): Up to 1 year in jail is possible, though first-time offenders may qualify for probation or diversion.
• $500–$1,499 (Third-Degree Theft, Class D felony): Felony exposure of 1–5 years; judges may consider probation for first offenses.
• $1,500–$2,499 (Second-Degree Theft, Class C felony): 1–10 years possible.
• $2,500+ or a motor vehicle (First-Degree Theft, Class B felony): 2–20 years possible.

Other factors that can lead to jail time:

• Prior convictions (especially felonies)
• Allegations of organized retail theft or the use of tools to defeat security
• Aggravating facts (weapons, threats, vulnerable victims)
• Violations of bond or probation

Even when jail is on the table, outcomes are negotiable. At Bennett Law, we work to lower the degree, challenge value, pursue diversion where available, and argue for alternatives to incarceration for Alabamians facing theft offenses. 

What Is The New Law For Shoplifting in Alabama? 

In 2023, Alabama strengthened shoplifting enforcement through the Retail Crime Prevention Act. It targets organized retail theft, lets prosecutors combine multiple incidents to raise total value, and adds tougher penalties for repeat offenders or use of booster tools. It allows retailers to share evidence more easily, which makes felony charges more likely when thefts are coordinated or repeated. 

If you’re accused of retail theft in Alabama, it’s important to act fast: avoid statements, save receipts or messages, and contact a defense lawyer right away.

What To Do If You Get a Theft Charge

Take a breath. There are steps you can take today to protect yourself and your future.

First Steps After a Theft Charge

Start here to avoid common mistakes and preserve your rights:

• Say as little as possible; ask for a lawyer before answering questions.
• Stay off social media about the incident.
• Save receipts, texts, videos, or names of witnesses.
• Show up to every court date.

Why this matters: These actions prevent accidental self-incrimination and help your attorney build a factual record from day one.

Legal Process Overview

Knowing the path ahead helps you plan your next move:

• Arrest/Booking → Arraignment: Charges are read; you enter a plea.
• Pretrial: Your lawyer challenges evidence and negotiates.
• Resolution: Diversion, plea, or trial; sentencing follows only if convicted.

Why this matters: Understanding the timeline reduces stress, helps you prepare documents and funds, and positions you to make informed decisions at each stage.

Common Defense Strategies

These are typical angles your attorney may evaluate and pursue:

• Lack of intent or mistaken identity.
• Ownership or permission disputes; value challenged.
• Suppression of unlawfully obtained evidence.

Why this matters: Knowing potential defenses guides what evidence to gather, what not to say, and how to prioritize your efforts with counsel.

Additional Tips

Small actions now can improve your outcome later:

• Avoid new legal trouble.
• Be honest with your attorney; bring documents and a timeline.
• Gather character letters; consider counseling if relevant.

Why this matters: Judges and prosecutors weigh credibility and mitigation; proactive steps can support leniency, diversion, or reduced charges.

Bottom line: Early, informed action can mean reduced charges, alternatives to jail, or even dismissal.

Don’t Let a Theft Charge in Alabama Steal Your Future

Theft cases in Alabama carry real consequences, but you’re not powerless. Understanding the degree, sentence range, and new shoplifting rules helps you make smart choices fast. 

Early action, staying quiet, preserving evidence, and getting a lawyer can change the outcome. With the right defense, charges can be reduced, alternatives to jail pursued, and long-term damage limited. If you’re unsure what’s next, you don’t have to figure it out alone.

Have You Been Accused of Stealing in Birmingham, AL? Contact Bennett Law Today

Bennett Law defends Alabamians facing theft charges of every degree, from shoplifting to felony property crimes and broader criminal cases, including DUI and drug offenses. 

To get clear guidance, a focused strategy, and responsive support, call 205-498-8989 or request your free consultation online. We’re ready to protect your rights and your future.