An allegation of pharmacy robbery in Alabama is treated with significant gravity under state law, carrying the potential for life-altering legal consequences. The offense involves a complex intersection of theft and violent crime statutes, resulting in severe penalties. This article will explore how Alabama law defines pharmacy robbery, the associated criminal penalties, factors that can intensify the charges, potential federal involvement, and the immediate legal procedures following an arrest.
What Constitutes Pharmacy Robbery in Alabama
In Alabama, the legal definition of robbery is established in Title 13A of the state code. A person commits robbery if, in the course of committing a theft, they use force against another person with intent to overcome their physical resistance. The law also defines robbery as threatening the imminent use of force against an individual to compel their cooperation.
The phrase “in the course of committing a theft” includes actions that occur during an attempted theft or while fleeing the scene immediately after the attempt or commission.1Justia. Alabama Code § 13A-8-40 – Definitions. For instance, if a person attempts to shoplift drugs and then pushes a pharmacy technician to escape, the act can be elevated from simple theft to robbery.
While any forcible taking can be considered robbery, Alabama has a specific statute for “pharmacy robbery.” This offense is committed when a person steals controlled substances from a pharmacy while also committing Robbery in the First Degree.2Justia. Alabama Code § 13A-8-51 – Definitions.
Criminal Penalties Under Alabama Law
Criminal penalties for robbery in Alabama are structured by the degree of the offense, which is determined by the presence of aggravating factors.
Robbery in the Third Degree is a Class C felony.3Justia. Alabama Code § 13A-8-43 – Robbery in the Third Degree. This charge applies when force or the threat of force is used, but no other aggravating factors are present. A conviction carries a sentence of one year and one day up to 10 years in prison and a fine of up to $15,000.4Justia. Alabama Code § 13A-5-6 – Sentences of Imprisonment for Felonies.5Justia. Alabama Code § 13A-5-11 – Fines for Felonies.
Robbery in the Second Degree is a Class B felony.6Justia. Alabama Code § 13A-8-42 – Robbery in the Second Degree. The primary aggravating factor for this charge is being aided by another person who is present during the crime. A conviction is punishable by two to 20 years in prison, with a maximum fine of $30,000.
Robbery in the First Degree is a Class A felony and carries the most substantial penalties.7Justia. Alabama Code § 13A-8-41 – Robbery in the First Degree. This charge applies if the individual is armed with a deadly weapon or causes serious physical injury to the victim. An offender can be charged with First Degree Robbery even if they only lead a reasonable person to believe they are armed, such as by brandishing a fake gun or keeping a hand in a pocket to suggest a weapon. The sentence ranges from 10 years to life in prison, with a fine up to $60,000.
Because the crime of pharmacy robbery requires the elements of Robbery in the First Degree, it is punished with particular severity. A conviction for pharmacy robbery mandates a prison sentence of 10 to 99 years at hard labor. Furthermore, an individual convicted under this statute is ineligible for parole, probation, or a suspended sentence. A second conviction for pharmacy robbery results in a mandatory life sentence without the possibility of parole.
Potential Federal Charges
A pharmacy robbery in Alabama may also trigger an investigation and prosecution by federal authorities. This can occur in place of or in addition to state-level charges, exposing the accused to a separate and often more severe legal system. Federal jurisdiction is typically established when the crime violates a federal statute.
One of the primary ways a pharmacy robbery becomes a federal case is through the theft of controlled substances. Pharmacies are registered with the U.S. Drug Enforcement Administration (DEA) to dispense these drugs. When a robbery involves the theft of a significant quantity of controlled substances, it can be prosecuted under the federal Controlled Substances Act.8Legal Information Institute. 18 U.S. Code § 2118 – Robberies and Burglaries Involving Controlled Substances
Another basis for federal charges is the Hobbs Act, a statute that prohibits robbery or extortion that affects interstate or foreign commerce.9Legal Information Institute. 18 U.S. Code § 1951 – Interference with Commerce by Threats or Violence Because pharmacies are commercial businesses that engage in interstate commerce by purchasing drugs and supplies from out-of-state manufacturers, a robbery can be seen as obstructing that commerce. Federal penalties can be severe, often involving long sentences in federal prison without the possibility of parole.
Immediate Legal Consequences Upon Arrest
The first step following an arrest is the booking process at a local law enforcement facility. During booking, the individual’s personal information is recorded, their fingerprints and a mugshot are taken, and their personal belongings are confiscated. The police will also read the individual their Miranda rights, which include the right to remain silent and the right to an attorney.
Within 48 to 72 hours of the arrest, the accused will have their initial appearance before a judge. At this hearing, the judge formally informs the individual of the charges against them, advises them of their constitutional rights again, and addresses the issue of legal representation. This is also when the process of determining bail begins.
A bail hearing will be held to decide whether the accused can be released from custody pending trial. Given the violent nature of pharmacy robbery, which is a Class A or B felony, the bail amount may be set very high. In some cases, particularly if the individual is considered a flight risk or a danger to the community, the judge may deny bail altogether, ordering the person to remain in jail until the case is resolved.