Organized Retail Theft Criminal Defense Attorney AL

The criminal defense lawyers of Polson & Polson are very experienced, knowledgeable, and skilled in defending those accused of Retail Theft Charges in Alabama. including residents of Birmingham, Tuscaloosa, Huntsville, Jefferson County, Shelby County, Alabaster, Calera, Helena, Tuscaloosa County, Baldwin County, and all other Alabama cities and counties. The criminal defense attorneys of Polson & Polson defend citizens across the entire state of Alabama.

In 2023 the Alabama Legislature passed the “Retail Theft Crime Prevention Act” which greatly increased conviction penalties for theft and shoplifting crimes in Alabama. This Act includes both misdemeanor and felony offenses for theft-related matters.

The Act creates two main categories of Retail Theft charges in Alabama: Retail Theft and Organized Retail Theft.

From such, an important question to address when facing a retail theft or organized retail theft charge in Alabama is, “What is considered Retail Theft in Alabama?”

In answering this question, the following words and their definitions used in the Alabama Retail Theft laws are important:

1. CONCEAL. To place merchandise in a manner that is not visible through ordinary observation.
2. ORGANIZED RETAIL THEFT. Obtaining or exerting unauthorized control over retail merchandise from a retail merchant, retail establishment, or premises of a retail establishment with the intent to deprive the owner or retail merchant of his or her property, or reselling, distributing, or otherwise reentering the retail merchandise in commerce, including the transfer of the stolen retail merchandise to another retail merchant or to any other person, whether in person, through the mail, or through any electronic medium, including the Internet, in exchange for anything of value.
3. PREMISES OF A RETAIL ESTABLISHMENT. The retail establishment, common use areas in shopping centers, and parking areas designated by a merchant or on behalf of a merchant for the parking of motor vehicles for the convenience of the patrons of the retail establishment or where stored for delivery or transport to a retail establishment.
4. RETAIL ESTABLISHMENT. Any place where merchandise is displayed, held, stored or offered for sale to the public.
5. RETAIL MERCHANDISE. Any article, product, commodity, component, or item of tangible personal property displayed, held, stored, or offered for sale within a retail establishment.
6. RETAIL MERCHANT. An owner or operator of a retail establishment or an agent, employee, lessee, officer, or director of the owner or operator.
7. RETAIL VALUE. The actual retail price of merchandise prior to the commission of the subject criminal offense.

In Alabama, the actions that are considered Retail Theft and the definitions included in the law are:

A person commits the crime of retail theft if, with the intent to obtain or exert unauthorized control over retail merchandise from a retail merchant, retail establishment, or premises of a retail establishment, or with the intent to deprive the owner or retail merchant of his or her retail merchandise of all or some part of the value thereof or without paying for the retail merchandise, he or she knowingly does any of the following:

1. Conceals upon his or her person or in another manner and takes possession of two or more items of retail merchandise of the retail establishment.
2. Alters, transfers, or removes the label, price tag, marking, indicia of value, or any other markings that aid in determining the value affixed to retail merchandise in a retail establishment, and purchases, or attempts to purchase, the merchandise at less than its value.
3. Transfers retail merchandise in a retail establishment from one container to another with the intent to purchase the merchandise at less than its retail value.
4. Causes the cash register or other sales recording device to reflect less than the retail value of the retail merchandise of a retail establishment.
5. Fails to scan the barcode and pay for retail merchandise at a cash register or self-checkout register.
6. Causes the amount paid to be less than the retail merchant's stated price for the retail merchandise.
7. Alters, bypasses, disables, shields, or removes any security or alarm device attached to or housing retail merchandise prior to the purchase of the merchandise.
8. Removes or causes the removal of retail merchandise from the premises of a retail establishment.
9. Collaborates with an employee of the retail establishment to commit any form of retail theft described in this section.

Retail Theft in Alabama is categorized by 1st, 2^nd & 3^rd degree.

Retail Theft 1^st degree in Alabama is a Class B felony, with a range of punishment from 2 to 20 years in prison and up to a $30,000 fine. 1^st Degree Retail Theft in Alabama is defined as:

• Retail theft that exceeds two thousand five hundred dollars ($2,500) in retail value constitutes retail theft in the first degree.
• Retail theft of one or more items of retail merchandise during a 180-day period, the aggregate value of which is one thousand dollars ($1,000) or more constitutes retail theft in the first degree.
• Theft of a firearm, rifle, or shotgun, regardless of its value, from a retail merchant constitutes retail theft in the first degree.

Retail Theft 2^nd degree in Alabama is a Class C felony, with a range of punishment from 1 year and 1 day to 10 years in prison and up to a $15,000 fine. 2^nd Degree Retail Theft in Alabama is defined as:

Retail theft that exceeds five hundred dollars ($500) in retail value but does not exceed two thousand five hundred dollars ($2,500) in retail value, constitutes retail theft in the second degree.

Retail Theft 3^rd degree in Alabama is a Class A misdemeanor (or class C felony if 4^th or more), with a range of punishment from 0-365 days in jail and up to a $6,000 fine. 3^rd Degree Retail Theft in Alabama is defined as:

• Retail theft that does not exceed five hundred dollars ($500) in retail value constitutes retail theft in the third degree.
• (b) Retail theft in the third degree is a Class A misdemeanor.
• (c) A fourth or subsequent conviction for an offense under this article is a Class C felony.

Organized Retail Theft in Alabama is a Class B felony, with a range of punishments from 2 years to 20 years in prison - and up to a $30,000 fine. Organized Retail Theft in Alabama is defined as:

A person commits the crime of organized retail theft when the person, in association with one or more other persons, knowingly does any of the following:

1. Organizes, supervises, finances, participates, directs, solicits, or otherwise manages or assists another person in committing organized retail theft.
2. Removes, destroys, deactivates, or knowingly evades any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing organized retail theft.
3. Attempts, solicits, or conspires with another person to commit organized retail theft.
4. Receives, purchases, or possesses retail merchandise for sale or resale knowing or believing the retail merchandise to be stolen is from a retail merchant.
5. Uses any fraud, artifice, instrument, container, device, or other article to facilitate the commission of organized retail theft.
6. Remains unlawfully inside a retail establishment after business hours, with the intent to commit a retail theft therein.
7. Uses a wireless telecommunication device or other digital or electronic device to facilitate the theft of retail merchandise.
8. Uses a rental or stolen motor vehicle or vehicle of another in the course of committing retail theft for the purposes of the concealment of his or her identity.
9. Receives, retains, or disposes of retail merchandise knowing that it has been stolen or having reasonable grounds to believe it has been stolen.

(b)(1) Theft of one or more items of retail merchandise, the aggregate value of which exceeds two thousand five hundred dollars ($2,500) in retail value, during a one-year or longer period, constitutes organized retail theft.

(2) Theft of retail merchandise consisting of one or more items of retail merchandise during a 180-day period, the aggregate value of which is one thousand dollars ($1,000) or more, constitutes organized retail theft.

(3) Theft or retail merchandise consisting of one or more items of retail merchandise during a 30-day period, the aggregate value of which is five hundred dollars ($500) or more, constitutes organized retail theft.

If you are facing a Retail Theft, or Organized Retail Theft Charge in Alabama, call the skilled criminal defense lawyers of Polson & Polson for help. Our 24-hour Birmingham criminal defense law firm number is (205) 871-8838. After we talk on the phone the next step is to come into our law office for a free consultation with Whitney Polson.