Justia Legal Services & Lawyers Directory

Questions Answered by Steven D. Eversole - Justia Legal Answers

• 24 March 2011Q: What are penalties for 2nd degree theft of property
  A: Theft of property in the 2nd degree is a call c felony punishable by 1 t0 10 years in prison. Please contact me for further information or visit my website at http://www.criminal-defense-attorney.info or my Alabama Criminal Law Blog at http://www.birminghamcriminaldefenseblog.com. I have also included the statute below. Theft of property in the second degree. Share | (a) The theft of property which exceeds two hundred fifty dollars ($250) in value but does not exceed one thousand dollars ($1,000) in value, and which is not taken from the person of another, constitutes theft of property in the second degree. (b) Theft of property in the second degree is a Class C felony. (c) The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the second degree. (d) The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree. (e) The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value, constitutes theft of property in the second degree. (f) The theft of any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value, constitutes theft of property in the second degree. (g) Notwithstanding subsection (a), the theft of property which exceeds one hundred dollars ($100) in value but does not exceed one thousand dollars ($1,000) in value, and which is not taken from the person of another, where the defendant has previously been convicted of a theft of property in the first or second degree, constitutes theft of property in the second degree.
• 24 March 2011Q: In ALABAMA do you have to continue to pay child support for a 18 child that has dropped out of high school and employed
  A: Normally, in the State of Alabama, child support is mandatory until the age of 19. However, if a child no longer lives with the parent receiving the child support under the circumstances you describe, you can have said support stopped via modification. Please give me a call or visit my website for more information on this subject. My website and blog has all kinds of valuable information: http://www.birminghamdivorcelaw.com and http://www.birminghamdivorceblog.com.
• 24 March 2011Q: What does a charge of 2nd degree marijuana charge sentence carry a misdemeanor or felony
  A: A UPOM II charge(unlawful possession of marijuana in the second degree) is possession of marijuana for personal use. It is a class a misdemeanor, the most serious misdemeanor category. There are various and serious ramifications for such a charge. You should always consult an attorney prior to attending to court. Please let me know if I can be of assistance. You may review my website at http://www.alabamadruglaws.com and http://www.criminal-defense-attorney.info for more information about these and related charges.
• 24 March 2011Q: How can i go about having my exwife's alimony revoked? we have been divorced for 5 years and there was no time limit on
  A: It may depend on what kind of Alimony you mean. Periodic or Alimony in Gross. Alimony in Gross is a property settlement, kinda like who gets the house. Alimony in Gross cannot be modified. Periodic alimony, which is commonly referred to as spousal support and what most people mean when they talk about alimony. Periodic alimony may be modified for various reasons. For example, if your ex wife has remarried or if your income has changed at least 10 percent. I encourage you to speak with an Alabama Divorce and Family Law Attorney to discuss your situation further.
• 24 March 2011Q: What is the penalty range in alabama for a class c felony involving criminal mischief in the first degree?
  A: I have posted the relevant statute for your consideration below. Criminal Mischief in the first degree is a class c felony with a range of punishment from 1 to 10 years in prison. I strongly suggest you consult an Alabama Criminal Defense Attorney as soon as possible. Truth is, many factors are taken into consideration with sentencing and the lawyer you choose can have an impact. Good Luck. Here is the statute: Section 13A-7-21 - Criminal mischief in the first degree. (a) A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property: (1) In an amount exceeding two thousand five hundred dollars ($2,500); or (2) By means of an explosion. (b) Criminal mischief in the first degree is a Class C felony.
• 24 March 2011Q: Wat is 1st degree assault
  A: here is the relevant statute: Section 13A-6-20 Assault in the first degree. (a) A person commits the crime of assault in the first degree if: (1) With intent to cause serious physical injury to another person, he causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or (2) With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such an injury to any person; or (3) Under circumstances manifesting extreme indifference to the value of human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or (4) In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, he causes a serious physical injury to another person; or (5) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 he causes serious bodily injury to the person of another with a motor vehicle. (b) Assault in the first degree is a Class B felony. A class B felony is punishable by 2-20 years in prison.
• 24 March 2011Q: My ex wife doesn't let my parents see the kids but agreed in the court that my parents have custodial rights
  A: I am somewhat confused by your question and need much greater detail. However, if your parents have been granted custody in a court proceeding that should be all they need. They just need to enforce those rights. If not, there is a Grandparents rights statute in Alabama. Either way, you should contact and Alabama Family Law attorney to discuss further.
• 24 March 2011Q: What is the legal age of consenct in the state of alabama ??
  A: The age of majority in Alabama is 19. However, the age of consent is 16. I advise you to speak with an Alabama attorney prior to engaging in any conduct that may consider this law.