A spate of recent Birmingham robbery arrests reveal an underlying sense of desperation with an economy that continues to flounder.
Our Birmingham criminal defense lawyers understand that most recently, a 29-year-old Jefferson County man is accused of robbing a pay day loan center in Forestdale.
According to media reports, he and another man did not brandish a weapon, but instead went behind the counter and grabbed the money from the cash drawer. The men forced one of the employees to open the safe, which they raided as well.
One of the men was recognized by an employee, and both were arrested in short order. The 29-year-old was already wanted on felony warrants for robbery and failure to appear on a charge of marijuana possession. He reportedly confessed to police, and has now additionally been charged with first and second-degree robbery.
This incident followed another business robbery late last month at a cell phone store on Crestwood Boulevard. In that incident, five shots were fired, but thankfully no one was injured. The two, ages 40 and 39, were arrested a short time later, charged with first-degree robbery and held on $150,000 bond each.
In a third incident, police are searching for two men involved in a robbery-related shooting on 14th Avenue South. The victim was reportedly shot in the arm and was expected to recover.
And in yet another Birmingham robbery, two teenagers are facing not only armed robbery charges, but murder charges as well, after the alleged victim fatally shot a third accomplice.
According to the Birmingham News, police say two 19-year-old men and an 18-year-old woman lured a man to a home late on a Sunday with intentions to rob him. However, once he was accosted, the victim reportedly fatally shot one of the men in self-defense. He then called police to report the incident.
Alabama Code 13A-8-41 details definitions and penalties for robbery in the first degree. It’s a Class A felony, defined as when you commit a robbery with a deadly weapon or dangerous instrument – or you lead someone to believe you have such a weapon – or you cause serious physical harm to another person. A conviction for first-degree robbery in Alabama is a minimum of 10 years – unless a firearm was used, in which case the minimum is doubled to 20 years. You may also expect fines of up to $60,000.
Second-degree robbery, which is robbery without a weapon, but with the aid of someone else, is a Class B felony, punishable by between 2 and 20 years in prison, with fines of up to $10,000.
Third-degree robbery is the physical taking of property from someone else using force or threat of force. This is a Class C felony, also punishable by between 2 and 20 years, with fines of up to $5,000.
Possible defenses to robbery include:
- Lack of intent to permanently deprive;
- Force used in self-defense;
- Abandonment of the property;
- Property not taken from the person or their presence;
- Failure to give Miranda warnings.
These are not crimes for which you can expect to depend on a public defender.
Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.
Center Point Man Arrested in Forestdale Holdup, Dec. 12, 2012, By Carol Robinson, Alabama Live
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Birmingham Defense Lawyers Try to Suppress Cell Phone Evidence, Dec. 11, 2012, Birmingham Criminal Defense Lawyer Blog