In Alabama, felonies are crimes that potentially carry a sentence of more than a year in state prison or the death penalty. Less serious offenses are misdemeanors, punishable by jail time. This article will review felony classes and penalties in Alabama.
Alabama divides felonies into four classes—Classes A, B, C, and D. Class A felonies are the most serious and Class D felonies are the least serious. In the Alabama Code, each crime specifies the penalty class for a conviction. If the law states a crime is a felony but doesn't specify a class, it defaults to a Class C felony.
Alabama law sets out a standard range of prison sentences that judges may impose for each class of felony. If you're convicted of a felony, the sentence you receive will depend on the classification of the crime, as well as the circumstances and other factors such as your previous criminal history.
(Ala. Code §§ 13A-5-4, 13A-5-6, 13A-5-11 (2024).)
Laws ChangeStates can change their laws at any time. You can check the current version of any statute mentioned in this article by clicking on the link to the Code of Alabama. However, you should know that court opinions can affect how judges interpret and apply the law, which is a good reason to speak with an attorney if you're concerned about actual or potential criminal charges.
In general, Class A felonies are punishable by life in prison or a definite term of 10 to 99 years. Anyone convicted of murder with aggravated circumstances who was an adult at the time of the crime must be sentenced to death or life without the possibility of parole.
Some examples of Class A felonies in Alabama:
Certain Class A felonies carry minimum sentences that are longer than 10 years. Fines for Class A felonies can go up to $60,000 or double the defendant's gain or victim's loss caused by the crime.
(Ala. Code §§ 13A-5-6, 13A-5-11, 13A-6-43, 13A-6-61, 13A-6-130, 13A-7-5 (2024).)
Alabama's standard sentence range for a Class B felony is two to 20 years imprisonment. Some examples of Class B felonies:
Certain Class B felonies carry minimum sentences that are longer than two years. Fines for Class B felonies can go up to $30,000 or double the defendant's gain or victim's loss caused by the crime.
(Ala. Code §§ 13A-5-6, 3A-5-11, 13A-6-3, 13A-6-20, 13A-6-62, 13A-8-3 (2024).)
The standard sentence for a Class C felony in Alabama is a term between 366 days and 10 years. Class C felonies include:
Certain Class C felonies carry minimum sentences that are longer than a year and a day. Fines for Class C felonies can go up to $15,000 or double the defendant's gain or victim's loss caused by the crime.
(Ala. Code §§ 13A-5-6, 13A-5-11, 13A-6-90, 13A-8-43, 13A-6-45, 13A-7-80, 13A-8-11 (2024).)
A Class D felony carries a standard sentence of 366 days to 5 years. Examples include:
Fines for Class D felonies can go up to $7,500 or double the defendant's gain or victim's loss caused by the crime.
(Ala. Code §§ 13A-5-6, 13A-5-11, 13A-8-4.1, 13A-9-14, 13A-12-212 (2024).)
Defendants who are considered habitual (repeat) offenders, commit child sex offenses or hate crimes, or use a weapon can face harsher penalties than those listed above.
Within the standard range of prison sentences for the different classes of felonies, Alabama law requires a minimum sentence under certain circumstances. If you used or tried to use a gun or other deadly weapon while you committed the crime, the minimum is 20 years for a Class A felony and 10 years for a Class B or C felony.
The same minimums also apply for Class A or B felony sex offenses involving a child, except that certain serious sex offenses by adults (21 or over) against very young victims (six or younger) require a sentence of life without the possibility of parole.
If you're convicted of a crime that was motivated by the victim's actual or perceived ethnicity, national origin, religion, or disability, Alabama requires the following minimum sentences—15 years for a Class A felony, 10 years for a Class B felony, 2 years for a Class C felony, and 18 months for a Class D felony.
Defendants with previous felony convictions will face longer sentences for subsequent felonies. The length of the enhanced penalties depends on the class of the current felony, the number of prior felony convictions, and sometimes the class of those prior convictions.
One prior felony conviction. If you have one prior conviction for a Class A, B, or C felony, your sentence for a current Class B or C felony will bump up to the next class. If your current conviction is for a Class A felony, the minimum sentence is increased to 15 years.
Two prior felony convictions. If you have two prior convictions for Class A, B, or C felonies, you could face up to a life sentence for a current Class A, B, or C felony. For a current Class D felony, the maximum goes up to 10 years. Minimum sentences also apply.
Three prior felony convictions. Having three prior convictions felony convictions can mean life without the possibility of parole for a Class A felony, a life sentence for Class B and C felonies, and up to 10 years for a Class D felony. Minimum sentences apply here as well.
(Ala. Code §§ 13A-5-6, 13A-5-9, 13A-5-13 (2024).)
Alabama judges have a range of sentencing options for felony convictions. They can order active punishment (prison time), intermediate punishment (such as split sentences), or supervision.
Alabama uses sentencing guidelines for felony convictions. These guidelines set a standard (presumptive) sentence that will generally be imposed unless circumstances exist that justify imposing a harsher or more lenient sentence.
Using guideline worksheets, each convicted defendant receives a score based on the seriousness of the offense, prior convictions or adjudications, use of a deadly weapon, and prior probation or parole revocations. The score determines the length of the sentence and the disposition (prison or non-prison sanctions).
Because the seriousness of the offense is just one factor, defendants convicted of the same crime can end up with different sentences based on their criminal history and other factors.
For some felonies, a defendant might receive a split sentence—meaning they'll spend part of the time in confinement and the rest of the time on probation. Judges can impose split sentences only if the defendant receives a sentence of 20 years or less. Certain felonies never qualify for split sentences, including Class A and B felonies for child sex offenses. The maximum prison sentence that can initially be imposed in a split sentence ranges from 3 to 5 years.
Judges can also suspend a defendant's entire prison term and order sentencing alternatives, such as assignment to a community corrections program (CCP). Examples of CCPs and other community-based options include treatment court programs, electronic monitoring, work release, community service, house arrest, residential treatments, and intermittent confinement. CCPs and other community-based options are not available to defendants convicted of certain violent felonies and sex crimes.
For defendants on probation, their prison term remains on hold only as long as they comply with the terms of the CCP or other community-based option. Violating any conditions or not completing the sentencing alternative can result in probation revocation and being sent to prison.
(Ala. Code §§ 12-25-32, 12-25-34.1, 15-18-8, 15-18-171, 15-18-175 (2024).)
A felony conviction could result in serious, long-term consequences. If you're facing felony charges in Alabama, you should speak with a local criminal defense lawyer as soon as possible. Only someone familiar with the local criminal court system, Alabama law, and cases like yours will know how good your chances are for a favorable outcome in court or in plea bargaining. A knowledgeable attorney will take all of this into consideration, help you make decisions about your case, and protect your rights throughout the criminal proceedings.