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Organized Retail Theft in Alabama

How Alabama law treats organized retail theft: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Yes. Organized retail theft (working with one or more others to organize, take part in or fund store theft, defeat anti-theft devices, use a rental or stolen car to hide identity, or buy or resell merchandise known to be stolen from a store) is a Class B felony (2 to 20 years). Ala. Code 1975 §§ 13A-8-222, 13A-8-223, 13A-8-224, 13A-8-225, 13A-8-226; § 13A-5-6

Organized retail theftYes. Organized retail theft (working with one or more others to organize, take part in or fund store theft, defeat anti-theft devices, use a rental or stolen car to hide identity, or buy or resell merchandise known to be stolen from a store) is a Class B felony (2 to 20 years). It also covers store theft adding up to more than $2,500 over a year or longer, $1,000 or more in 180 days, or $500 or more in 30 days. Ordinary retail theft is separately graded: first degree (over $2,500, $1,000 or more in 180 days, or any firearm) is a Class B felony; second degree (over $500 to $2,500) is a Class C felony; third degree ($500 or less) is a Class A misdemeanor, and a fourth or later conviction under the retail theft article is a Class C felony.
Retail theft degrees: https://alison.legislature.state.al.us/code-of-alabama?section=13A-8-223 , https://alison.legislature.state.al.us/code-of-alabama?section=13A-8-224 , https://alison.legislature.state.al.us/code-of-alabama?section=13A-8-225 . A general theft rule also makes a common scheme to steal and sell to a knowing buyer, $1,000 or more in 180 days, first-degree theft (§ 13A-8-3(c)). Class penalties (Ala. Class B 2-20 years ($30,000); Class C 1 year and 1 day-10 years ($15,000); Class D 1 year and 1 day-5 years ($7,500); Class A misdemeanor up to 1 year ($6,000); Class B up to 6 months ($3,000); Class C up to 3 months ($500).

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FAQ

What is organized retail theft in Alabama?
Yes. Organized retail theft (working with one or more others to organize, take part in or fund store theft, defeat anti-theft devices, use a rental or stolen car to hide identity, or buy or resell merchandise known to be stolen from a store) is a Class B felony (2 to 20 years). It also covers store theft adding up to more than $2,500 over a year or longer, $1,000 or more in 180 days, or $500 or more in 30 days. Ordinary retail theft is separately graded: first degree (over $2,500, $1,000 or more in 180 days, or any firearm) is a Class B felony; second degree (over $500 to $2,500) is a Class C felony; third degree ($500 or less) is a Class A misdemeanor, and a fourth or later conviction under the retail theft article is a Class C felony.
Can I get a court-appointed lawyer for organized retail theft in Alabama?
Alabama's rule on court-appointed lawyers: 'Indigent' means a person who is financially unable to pay for his or her defense. A defendant who wants appointed counsel must complete, under oath, an affidavit of substantial hardship about his or her financial resources (court Form C-10) and may be examined under oath by the court. The court considers income, family income, property, obligations and dependents, but should not consider that the defendant was released on bond. Either side may ask the court to reconsider indigency if circumstances change. Ala. R. Crim. P. 6.3; Ala. Code 1975 §§ 15-12-1 through 15-12-5
How much does a lawyer for organized retail theft cost in Alabama?
Lawyers set their own fees, and Alabama has rules on how they may charge. See hiring a criminal defense lawyer in Alabama for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for organized retail theft in Alabama?
How release before trial works in Alabama: Under the Alabama Constitution, all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. A defendant charged with capital murder is not eligible for bail if the court is of the opinion, on the evidence, that he or she is guilty. A defendant charged with an offense listed in § 15-13-3(b)(1) may be denied bail, but only after the court holds a pretrial detention hearing and considers the factors in § 15-13-3(b)(5). Others may be released on personal recognizance or an appearance bond unless the court or magistrate finds release will not reasonably assure appearance or that the defendant poses a real and present danger; the court then imposes the least onerous conditions needed, considering factors such as ties to the community, record, the nature of the offense, weapons, threats and employment. The court rules set a recommended bail schedule that courts may go above or below, e.g. Class A felony $10,000 to $60,000; Class B felony $5,000 to $30,000; Class C felony $2,500 to $15,000; Class D felony $1,000 to $10,000; Class A misdemeanor $300 to $6,000; Class B misdemeanor $300 to $3,000; Class C misdemeanor $300 to $1,000; violation $300 to $500; murder $15,000 to no bail allowed; capital murder $50,000 to no bail allowed. Ala. Code § 15-13-105 sets $300 as the minimum bail in violation and misdemeanor cases. Ala. Const. 1901 Art. I § 16; Ala. Code 1975 §§ 15-13-3, 15-13-105; Ala. R. Crim. P. 7.2 (amended eff. 3-16-2023) What happens after an arrest.
Can a conviction for organized retail theft be removed from my record in Alabama?
Each state sets its own rules for sealing or expunging records. See Alabama expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.