Criminal Defense
Dothan Theft and Property Crime Defense Lawyer
A theft or property charge can follow you into every job application. Whether it is a shoplifting citation or a felony fraud allegation, the facts about value, intent, and evidence deserve a careful review.
The short answer
In Alabama, theft of property is graded in four degrees, mostly by the value of what was taken. Lower-value theft is generally a misdemeanor, while higher-value theft and theft of certain items, like a motor vehicle, are felonies. Shoplifting is usually charged as theft. Burglary, fraud, and embezzlement are separate charges with their own rules.
- Theft of property
- Four degrees, graded mostly by value
- Lowest degree
- Generally a misdemeanor
- Shoplifting
- Usually charged as theft of property
- Burglary
- A felony; nothing has to be taken
What should I do if I am charged with theft in Dothan?
If you are charged with theft in Dothan, do not discuss the facts with store staff, police, or your employer, and talk to a theft defense lawyer before you agree to anything, including paying money back. Theft charges often turn on value and intent, and early statements can make both harder to dispute later.
Theft and property charges in Houston County come from many situations: shoplifting at stores along Ross Clark Circle, disputes over borrowed property, employee accusations, or misunderstandings about money between family members or business partners. Many people charged have never been in trouble before. You are presumed innocent, and the State must prove both the taking and the intent.
- Keep the citation, arrest paperwork, and any letters from a store or employer.
- Gather receipts, bank records, or messages that show ownership, permission, or payment.
- Write down what happened and who was there.
- Do not sign statements or repayment agreements without legal advice.
How does Alabama grade theft of property?
Alabama grades theft of property in four degrees, based mainly on the value of the property and, in some cases, on what kind of property it was. The general structure is:
| Charge | General value range | General classification |
|---|---|---|
| Theft of property, fourth degree | $500 or less | Class A misdemeanor |
| Theft of property, third degree | More than $500 up to $1,500, or a credit or debit card regardless of value | Class D felony |
| Theft of property, second degree | More than $1,500 up to $2,500, or certain items such as a firearm, controlled substance, or livestock regardless of value | Class C felony |
| Theft of property, first degree | More than $2,500, a motor vehicle regardless of value, or anything taken directly from a person | Class B felony |
These categories are a general guide, and other special rules may apply. Because a few hundred dollars can move a case from a misdemeanor to a felony, the claimed value is often one of the first things we examine. Value is generally based on the market value at the time of the alleged theft, not the original price or replacement cost.
Alabama-specific: In Alabama, the value of the property often decides whether a theft charge is a misdemeanor or a felony. Challenging how that value was calculated can change the entire case.
How are shoplifting cases handled?
Shoplifting is usually charged as theft of property, with the degree based on the value of the merchandise. Many shoplifting cases involve store loss-prevention staff, surveillance video, and a written statement taken in a back office before police arrive.
Common issues in shoplifting cases include whether you actually intended to take the item without paying, whether the video clearly shows what happened, whether the claimed value is accurate, and how any statement was obtained. For first-time offenders, options such as diversion or a reduced charge may be available in some courts, which can help protect your record. Stores may also send a separate civil demand letter. That letter does not resolve the criminal charge.
What is burglary in Alabama?
Burglary in Alabama generally means knowingly entering or remaining unlawfully in a building with the intent to commit a crime inside. Nothing has to be stolen for a burglary charge to be filed. Alabama grades burglary in three degrees, all felonies:
- Third degree generally covers unlawful entry into a building with intent to commit a crime.
- Second degree generally involves a dwelling, or a building entry involving a weapon or injury.
- First degree generally involves a dwelling plus a deadly weapon, an explosive, or injury to someone.
Burglary cases often turn on whether the entry was actually unlawful, whether you had permission to be there, and whether the State can prove intent at the moment of entry. Related charges include criminal trespass, receiving stolen property, and possession of burglar’s tools.
What about fraud, embezzlement, and white-collar charges?
White-collar charges involve allegations of dishonesty rather than force. Dothan Law Group represents people accused of offenses such as:
- Embezzlement or theft by an employee
- Fraudulent use of a credit or debit card
- Identity theft
- Forgery and negotiating worthless checks
- Insurance or benefits fraud
- Mail fraud, wire fraud, and other federal fraud charges
These cases are often document-heavy and may involve months of investigation before anyone is charged. If you learn that an employer, bank, or agency is looking into a financial matter involving you, talk to a lawyer before giving a statement or turning over records. Early involvement can help shape how the matter is handled.
What defenses apply to theft and property charges?
The right defense depends on the facts. Issues we commonly review include:
- Intent. Theft requires intent to deprive the owner of property. Honest mistakes, forgetfulness, and good-faith disputes over ownership are not the same as theft.
- Permission. Whether you had consent to use or take the property, or to be in the building.
- Value. Whether the claimed value supports the degree charged.
- Identification. Whether video and witness identifications are reliable.
- Statements. Whether a confession or written statement was obtained properly.
- Records. In fraud cases, whether the financial records actually show what the State claims.
Many theft cases can be resolved through negotiation, restitution, diversion, or a reduced charge, depending on the facts and your history. Some should go to trial. We will give you an honest assessment of which path makes sense.
Can a theft charge be removed from my record?
In some cases, yes. If a theft charge is dismissed, no-billed by a grand jury, or ends in a not-guilty verdict, you may be eligible to petition for expungement under Alabama law. Some convictions may also qualify after a waiting period. Because theft is often seen as a crime of dishonesty, protecting your record is usually a central goal in these cases.
Why work with Dothan Law Group on a property crime?
Raynor Clifton, a former prosecutor with the Houston County District Attorney’s Office, represents people charged with theft, burglary, fraud, and other property crimes in Dothan and throughout the Wiregrass. He reviews the evidence, challenges value and intent where the facts allow, negotiates with prosecutors, and defends clients in court. Your conversations with us are confidential.
Frequently asked questions
Is shoplifting a felony in Alabama?
Usually not, but it can be. Shoplifting is generally charged as theft of property, and the degree depends largely on the value of the merchandise. Lower-value shoplifting is typically a misdemeanor, while higher values, certain items, or certain prior record situations can lead to a felony charge.
How is the value of stolen property decided in Alabama?
Value is generally based on the market value of the property at the time and place of the alleged theft. Disputes about value are common, because the difference between degrees can turn a misdemeanor into a felony. Receipts, appraisals, and pricing records can all matter.
What is the difference between burglary and theft?
Theft is taking property without permission. Burglary is unlawfully entering or remaining in a building with the intent to commit a crime inside, and it can be charged even if nothing was taken. Burglary is a felony in Alabama, and the degree depends on factors like whether the building was a dwelling and whether a weapon or injury was involved.
Can I avoid a theft conviction by paying the money back?
Paying restitution does not automatically end a criminal case, but it can be an important part of negotiating a resolution, such as a reduced charge, diversion, or probation. You should talk with a lawyer before offering to repay anyone, because how it is done can affect the case.
Will a theft conviction show up on background checks?
Generally, yes. Employers often view theft and fraud convictions as crimes of dishonesty, which can make them especially damaging. That is one reason to explore options like dismissal, diversion, or later expungement when they are available.
What happens if a store says I owe them a civil penalty?
Alabama law allows merchants to seek a civil penalty in some shoplifting situations, separate from the criminal case. A demand letter from a store does not resolve the criminal charge. Talk with a lawyer before paying or responding, so you understand how it fits with your criminal case.
