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re: AU players reportedly arrested last night (LINK)

Posted on 3/11/11 at 1:22 pm to
Posted by Alahunter
Member since Jan 2008
90739 posts
Posted on 3/11/11 at 1:22 pm to
quote:

Unless the statutes in AL read differently than in FL, home invasion is not simply B & E. Home invasion impies use or threatened use of force to enter anoccupied dwelling. Burglary (while still a felony) is the entering by stealth or other illicit means.
Home invasion - if that is the charge - is a whole lot more serious than burglary.


If it's robbery, the State code is as follows:

quote:

Alabama Code - Section 13A-8-41 — Robbery in the first degree.

(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he:

(1) Is armed with a deadly weapon or dangerous instrument; or

(2) Causes serious physical injury to another.

(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed.

(c) Robbery in the first degree is a Class A felony.


quote:

Section 13A-8-42 — Robbery in the second degree.

(a) A person commits the crime of robbery in the second degree if he violates Section 13A-8-43 and he is aided by another person actually present.

(b) Robbery in the second degree is a Class B felony.


quote:

Section 13A-8-43 — Robbery in the third degree.

(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he:

(1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or

(2) Threatens the imminent use of force against the person of the owner or any person present with intent to compel acquiescence to the taking of or escaping with the property.

(b) Robbery in the third degree is a Class C felony.


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