Code of Alabama
Ala. Code § 13A-8-41 (2026)
Robbery in the First Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(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.
(Acts 1977, No. 607, p. 812, §3305.)
Notes of Decisions
Cited in 344
cases (23 in the last 5 years), 1981–2026 · leading case: Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009).
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Ala.Code 1975, § 13A-8-41, defining robbery in the first degree, provides, in pertinent part: "(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 ".”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “Finding no fatal variance because subsections (a)(1) and (a)(2) of § 13A-8-41 were not mutually exclusive and contradictory, but could both occur at the same time, the Court stated: "Robbery includes the lesser included offenses of `assault with intent to rob, for larceny, for…”
Ware v. State, 181 So. 3d 409 (Ala. 2014). “14 As to the robbery conviction, Ware was charged and convicted of robbery in the first degree under the following provisions of § 13A-8-41: “(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…”
Ex parte Willie Conner., 165 So. 3d 556 (Ala. 2014). “See Ala. Code 1975, § 13A-8-41. Conner raises one issue in his certiorari petition.”
Holt v. State, 960 So. 2d 726 (Ala. Crim. App. 2006). “Robbery I pursuant to Section 13A-8-41. "29. Robbery II pursuant to Section 13A-8-42.”
Ex Parte State, 925 So. 2d 232 (Ala. 2005). “Robert James Bradley was indicted for robbery in the first degree under § 13A-8-41(a)(1), Ala.Code 1975 (person committing the robbery is armed with a deadly weapon or dangerous instrument), and for attempted murder.”
Herndon v. State, 563 So. 2d 1065 (Ala. 1990). “In fact, both do read very much like *1069 Ala.Code 1975, § 13A-8-41. Colo.Rev.Stat.”
Jones v. United States, 526 U.S. 227 (1999). “, Ala. Code § 13A-8-41(a)(2) (1994) (robbery in the first degree defined in part by the causing of "serious physical injury"); *237 Alaska Stat.”
State v. Young, 196 S.W.3d 85 (Tenn. 2006). “Ala.Code 1975 § 13A-8-41 (2006). Robbery in the third degree is defined, in turn, as, in the course of committing a theft, the accused uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of…”
Stokeling v. United States, 586 U.S. 73 (2019). “, Ala. Code § 13A-8-41(a)(2) (2015) ; Alaska Stat.”
Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991). “A person commits the crime of robbery in the first degree if, in the course of committing a theft, he uses force against the person of the owner or any person present, with intent to overcome that person's physical resistance, and if he is armed with a deadly weapon or causes…”
Childers v. State, 899 So. 2d 1025 (Ala. 2004). “Giangrosso, with the intent to compel acquiescence to the taking of or escaping with the property, while the said JIMMY ALLEN CHILDERS was armed with a deadly weapon or dangerous instrument, to-wit: a pistol, in violation of § 13A-8-41[, Ala.Code 1975], against the peace and…”
Ala. Code § 13A-8-41(a): 22 cases
United States v. Donnie Walton, 881 F.3d 768 (9th Cir. 2018).
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “Finding no fatal variance because subsections (a)(1) and (a)(2) of § 13A-8-41 were not mutually exclusive and contradictory, but could both occur at the same time, the Court stated: "Robbery includes the lesser included offenses of `assault with intent to rob, for larceny, for…”
Ware v. State, 181 So. 3d 409 (Ala. 2014). “14 As to the robbery conviction, Ware was charged and convicted of robbery in the first degree under the following provisions of § 13A-8-41: “(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…”
Lee v. State, 898 So. 2d 790 (Ala. Crim. App. 2003).
Ex Parte Hamm, 564 So. 2d 469 (Ala. 1990).
Ala. Code § 13A-8-41(a)(1): 27 cases
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “Finding no fatal variance because subsections (a)(1) and (a)(2) of § 13A-8-41 were not mutually exclusive and contradictory, but could both occur at the same time, the Court stated: "Robbery includes the lesser included offenses of `assault with intent to rob, for larceny, for…”
Ex Parte State, 925 So. 2d 232 (Ala. 2005). “Robert James Bradley was indicted for robbery in the first degree under § 13A-8-41(a)(1), Ala.Code 1975 (person committing the robbery is armed with a deadly weapon or dangerous instrument), and for attempted murder.”
Holt v. State, 960 So. 2d 726 (Ala. Crim. App. 2006). “Robbery I pursuant to Section 13A-8-41. "29. Robbery II pursuant to Section 13A-8-42.”
Price v. State, 725 So. 2d 1003 (Ala. Crim. App. 1997).
Ex Parte Verzone, 868 So. 2d 399 (Ala. 2003).
Ala. Code § 13A-8-41(a)(2): 8 cases
Jones v. United States, 526 U.S. 227 (1999). “, Ala. Code § 13A-8-41(a)(2) (1994) (robbery in the first degree defined in part by the causing of "serious physical injury"); *237 Alaska Stat.”
Stokeling v. United States, 586 U.S. 73 (2019). “, Ala. Code § 13A-8-41(a)(2) (2015) ; Alaska Stat.”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “Finding no fatal variance because subsections (a)(1) and (a)(2) of § 13A-8-41 were not mutually exclusive and contradictory, but could both occur at the same time, the Court stated: "Robbery includes the lesser included offenses of `assault with intent to rob, for larceny, for…”
Holt v. State, 960 So. 2d 726 (Ala. Crim. App. 2006). “Robbery I pursuant to Section 13A-8-41. "29. Robbery II pursuant to Section 13A-8-42.”
Ex parte Willie Conner., 165 So. 3d 556 (Ala. 2014). “See Ala. Code 1975, § 13A-8-41. Conner raises one issue in his certiorari petition.”
Ala. Code § 13A-8-41(a)(l): 20 cases
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Ala.Code 1975, § 13A-8-41, defining robbery in the first degree, provides, in pertinent part: "(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 ".”
Ware v. State, 181 So. 3d 409 (Ala. 2014). “14 As to the robbery conviction, Ware was charged and convicted of robbery in the first degree under the following provisions of § 13A-8-41: “(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…”
Ex parte Willie Conner., 165 So. 3d 556 (Ala. 2014). “See Ala. Code 1975, § 13A-8-41. Conner raises one issue in his certiorari petition.”
Gholston v. State, 57 So. 3d 178 (Ala. Crim. App. 2010).
Rudolph v. State, 398 So. 2d 386 (Ala. Crim. App. 1981).
Ala. Code § 13A-8-41(b): 17 cases
Ware v. State, 181 So. 3d 409 (Ala. 2014). “14 As to the robbery conviction, Ware was charged and convicted of robbery in the first degree under the following provisions of § 13A-8-41: “(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…”
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Ala.Code 1975, § 13A-8-41, defining robbery in the first degree, provides, in pertinent part: "(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 ".”
Ex parte Willie Conner., 165 So. 3d 556 (Ala. 2014). “See Ala. Code 1975, § 13A-8-41. Conner raises one issue in his certiorari petition.”
Herndon v. State, 563 So. 2d 1065 (Ala. 1990). “In fact, both do read very much like *1069 Ala.Code 1975, § 13A-8-41. Colo.Rev.Stat.”
Conner v. State, 203 So. 3d 62 (Ala. 2016).
Ala. Code § 13A-8-41(c): 17 cases
Mitchell v. State, 579 So. 2d 45 (Ala. Crim. App. 1991).
Burton v. State, 487 So. 2d 951 (Ala. Crim. App. 1985).
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Ala.Code 1975, § 13A-8-41, defining robbery in the first degree, provides, in pertinent part: "(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 ".”
Washington v. State, 816 So. 2d 1078 (Ala. Crim. App. 2001).
Parker v. State, 455 So. 2d 130 (Ala. Crim. App. 1984).
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