
First degree robbery is one of the most serious theft-related crimes in Alabama. Under Alabama Code section 13A-8-41, a person commits first degree robbery if, during the course of committing a theft, they are armed with a deadly weapon or dangerous instrument, cause serious physical injury to another person, or use or threaten the immediate use of a dangerous weapon. This offense is classified as a Class A felony, which means a conviction can result in a prison sentence of not less than ten years and up to life or ninety-nine years, along with fines that can reach sixty thousand dollars. Because robbery involves both theft and the use or threat of force, the law treats it as a violent crime with penalties similar to other major felonies such as murder or rape.
Prosecutors in Alabama aggressively pursue first degree robbery cases. The state does not have to prove that the weapon was fired or that someone was actually injured if there was a deadly weapon present and a threat was made. Even an unloaded gun or a realistic-looking replica can be considered a deadly weapon if it is used to create fear during the robbery. The law also allows for accomplice liability, which means that a person who aids or assists in the robbery, even if they never held the weapon, can be charged and punished as if they were the one who committed the act.
Defending against a first degree robbery charge requires a close examination of the evidence and the circumstances. A defense attorney may challenge whether the alleged weapon meets the legal definition of a deadly weapon, whether the accused was actually present or participated in the crime, or whether the identification by witnesses is reliable. In some cases, the defense may focus on showing that the offense, if it occurred, fits the elements of a lesser degree of robbery or theft, which can significantly reduce potential prison time. Issues such as mistaken identity, coerced confessions, or illegally obtained evidence can also play a critical role in defense strategy.
Many people facing this charge have urgent questions. Can first degree robbery charges be reduced? Yes, if the prosecution’s evidence is weak or if there is a negotiated plea agreement, the charge may be reduced to second or third degree robbery or theft. Does the use of a weapon automatically make it first degree robbery? In most cases, yes, if the weapon is considered deadly and was used or threatened during the theft. Is parole available for a first degree robbery conviction? Parole is possible in some cases, but sentencing enhancements for prior felonies or use of a firearm can limit eligibility. How quickly should I hire a lawyer? Immediately, because these cases move quickly through the courts and the penalties are severe.
If you are charged with first degree robbery in Alabama, your freedom and your future are at stake. For immediate legal help, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205 335 2640. Get Relief Get Results.