Theft Crime Wave Targeting Birmingham, Alabama

A "rip and run" crime wave is targeting Birmingham, Hoover, Irondale, Moody, Leeds, Vestavia, Pelham, Trussville, Mongomery, Cullman, and the rest of Alabama.  Thieves are targeting expensive mechanical pieces found on cars and trucks.  Catalytic converters are a favorite target for this kind of theft.  The thieves take the metal to scrap yards for quick sale.  The converters are worth about $30 to $50 at scrap yards.  Police say the crime takes less than ten minutes to perpetrate and thieves pose as car owners working on their own cars.  In Hoover, Alabama a major criminal case began when thieves stole catalytic converters from multiple cars on a closed car lot.  Repairs often cost the car owner approximately $1300.  Trucks and SUVs seem to be the most targeted vehicles in Alabama because they sit high off the ground allowing for easy access, but any car is susceptible to the theft. 

Many believe the best solution to stopping this kind of crime is to crack down of scrap yards who pay money for scrap metal.  This is an overreaching approach that does nothing but hurt honest business.  It is similar to blaming guns for crime.  As a criminal defense attorney and lawyer I believe that individual rights are the most precious commodity we have in this country.  When we give up those rights to combat minor inconveniences, such as cooper or metal theft, or even when we give up those rights to combat major areas of concern such as inner city violence, and we ban handgun ownership like the District of Columbia, then you are giving up rights the founders of this country fought and died to obtain, and are disgracing the memory of those who have fought and died since to protect those hard won freedoms. 

Birmingham, Alabama Criminal Defense Lawyer and Attorney

As an Alabama criminal defense lawyer and attorney I have devoted my life to defending those accused of crimes.  I routinely represent clients in Birmingham and throughout the state of Alabama in Alabama DUI charges, Alabama Theft Charges, Alabama Drug Charges and crimes, Alabama and Federal Criminal Appeals, Sex Crimes including rape and sexual assault, as well as Alabama traffic and speeding tickets. 

I will defend your Constitutional Rights no matter the charge and no matter the circumstances.  Just because someone has been accused of an Alabama DUI or Drug Crime does not mean they are guilty.  Criminal charges are often obtained against innocent people or people who the state cannot convict.  You will increase your likelihood of a successful resolution to your situation by immediately contacting an attorney or lawyer who focuses his practice on Alabama criminal and DUI defense.  The very nature of a criminal conviction means that all criminal charges are serious charges and deserve serious attention.  Even a single DUI conviction for example can land you in jail, promises significant fines in the thousands, loss of drivers license, you could possibly lose your job, your security clearance at work, or maybe not even get a job because of the background checks that many companies are performing these days.  Your car insurance will surely sky rocket and you could lose your neighbors respect.  Likewise, just one conviction for possession of a controlled substance requires a minimum one year jail sentence. 

The state and the Alabama prosecutors must present evidence in court that would allow a jury of your peers to find you guilty beyond a reasonable doubt.  My job as an Alabama criminal defense lawyer and attorney is to make sure the jury has that kind of doubt.  Beyond a reasonable doubt is a high standard to leap and a good Alabama DUI and criminal defense attorney can accomplish wonders.  In fact, in many instances, especially in DUI and Drug charges, it is possible to have these cases dismissed or reduced prior to any trial.  If you have been charged with a crime in Alabama, and you cannot afford to lose, call the Alabama criminal defense lawyers and attorneys at Eversole Law today.  My contact information listed on this site rings my personal cell phone directly.  I will answer your call and handle your case from beginning to end. 

Alabama DUI & Criminal Defense Law - Courts

I practice Alabama criminal and DUI defense in the following counties and municipalities: 

In the Birmingham, Alabama Metro area the lawyers and attorneys of Eversole Law routinely defend Alabama criminal and DUI cases in the following courts:

Jefferson County Circuit Court, Jefferson County District Court, Adamsville Municipal Court, Argo Municipal Court, Birmingham Municipal Court, Bessemer Municipal Court, Branchville Municipal Court, Fairfield Municipal Court, Fultondale Municipal Court, Gardendale Municipal Court, Homewood Municipal Court, Hoover Municipal Court, Hueytown Municipal Court, Irondale Municipal Court, Kimberly Municipal Court, Leeds Municipal Court, Morris Municipal Court, Mountain Brook Municipal Court, Odenville Municipal Court, Pleasant Grove Municipal Court, Springville Municipal Court, Trussville Municipal Court, Vestavia Municipal Court, Warrior Municipal Court

In the Shelby County, Alabama area the lawyers and attorneys of Eversole Law routinely defend Alabama DUI and criminal cases in the following courts:

Shelby County Circuit Court, Shelby County District Court, Alabaster Municipal Court, Calera Municipal Court, Columbiana Municipal Court, Harpersville Municipal Court, Helena Municipal Court, Hoover Municipal Court, Pelham Municipal Court, Vincent Municipal Court

Other areas of Alabama the lawyers and attorneys of Eversole Law routinely defend DUI cases include:

Tuscaloosa County Circuit Court, Tuscaloosa County District Court, Tuscaloosa Municipal Court, Northport Municipal Court, Chilton County Circuit Court, Chilton County District Court, Jemison Municipal Court, Thorsby Municipal Court, Blount County Circuit Court, Blount County District Court, Blountsville Municipal Court, Altoona Municipal Court, Talladega County Circuit Court, Talladega District Court, Talladega Municipal Court, Lincoln Municipal Court, Sylacauga Municipal Court, Childersburg Municipal Court, Tallapoosa County Circuit Court, Tallapoosa County District Court, Alex City Municipal Court, Dadeville Municipal Court, Lee County Circuit Court, Lee County District Court, Auburn Municipal Court, Opelika Municipal Court, Montgomery County Circuit Court, Montgomery County District Court, Montgomery Municipal Court, Prattville Municipal Court, Elmore County Circuit Court, Elmore County District Court, Wetumpka Municipal Court, Millbrook Municipal Court, Bibb County Circuit Court, Bibb County District Court, Cullman County Circuit Court, Cullman County District Court, Cullman Municipal Court, Hanceville Municipal Court, Madison County Circuit Court, Madison County District Court, Huntsville Municipal Court, Madison Municipal Court, Etowah County Circuit Court, Etowah County District Court, Gadsden Municipal Court, Calhoun County Circuit Court, Calhoun County District Court, Anniston Municipal Court, Oxford Municipal Court, Jacksonville Municipal Court, Orange Beach Municipal Court, Gulf Shores Municipal Court, Loxley Municipal Court, Foley Municipal Court, Crenshaw County Circuit Court, Crenshaw County District Court, Escambia County District Court, St. Clair County Circuit Court, St. Clair County District Court, Pell City Municipal Court, Walker County Circuit Court, Walker County District Court, Jasper Municipal Court, Hollywood Municipal Court, Morgan County Circuit Court, Morgan County District Court, Decatur Municipal Court

THIS LIST IN NON-EXHAUSTIVE. WE DEFEND DUI & CRIMINAL CASES IN ANY COURT IN THIS STATE.

Alabama Burglary Laws

Recently a client from Birmingham, Alabama was charged with Burglary in the first degree.  He was charged in Pelham, Alabama over in Shelby County.  He went out drinking one night and all he remembers is waking up on a couch looking at the wrong end of a police issued revolver.  His shoes and socks were placed neatly outside the front door, he had taken off his shirt and went to sleep on someone couch, in a home that was not his own.  Burglary in the first degree is defined as knowingly or unlawfully entering or remaining in a building with the intent to commit a crime.  The Alabama Burglary in the first degree statute is below:

Burglary in the first degree.

(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:

  1. Is armed with explosives; or
  2. Causes physical injury to any person who is not a participant in the crime; or
  3. In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

(b) Burglary in the first degree is a Class A felony.

My client has an excellent defense to the charges.  The state of Alabama must prove he entered the home with the intent of committing a crime.  In my clients circumstances, it will be very hard to prove he entered the home while intending to commit a crime.  His shoes were off, he had taken off his shirt to sleep, and he was in fact sleeping as the police arrested him.  It seems fairly clear, that with a quality Alabama criminal defense lawyer and attorney representing his interests, he cannot be found guilty of burglary in the first degree.  My argument would be simple.  He was extremely drunk and entered the home thinking it was his friends home.  Thus, the state must prove beyond a reasonable doubt this is not the case. The facts and circumstances, along with a good Alabama DUI and criminal defense attorney, will assuredly result in a not-guilty verdict. 

Alabama Criminal Law - Receiving Stolen Property

Here is the Alabama law on receiving stolen property.  It is interesting and kinda scary, because if you were sold something that turned out to be stolen, it could become a question of fact for a jury to decide, whether or not you, knew or should have known, the goods you purchased where stolen or not.  Receiving stolen property in the first degree is a Class B Felony, a serious offense.

§ 13A-8-16. Receiving stolen property -- Definition.

(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.

(b) If a person:

(1) On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or

(2) Possesses goods or property which have been recently stolen; or

(3) Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.


(c) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

To establish the crime of receiving stolen property the state must prove four things:

  • Property must be stolen in fact
  • defendant either bought it, received it, concealed it, or aided in concealing it
  • defendant must knowingly buy, receive, conceal, or aid in concealing it was stolen
  • and defendant did not have intent to return the property to its true owner

§ 13A-8-17. Receiving stolen property in the first degree.

(a) Receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree.


(b) Receiving stolen property in the first degree is a Class B felony

Alabama Theft of Property Laws

Alabama theft of property law is contained in Alabama Code § 13A-8-2. Theft of property -- Definition.

A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

The state of Alabama has to prove three elements to convict a person of theft of property.

  • that the defendant knowingly obtained the property of others
  • defendant obtained that property by deception
  • and defendant intended to deprive the others of their property