Having criminal charges brought against you, regardless of how serious the charge, is always a stressful and confusing situation. Among your first questions should be “what is the potential punishment if I am found guilty of this offense?”
This guide will be an introduction to Alabama’s laws regarding sentencing. In Alabama, criminal offenses are divided into two categories: Misdemeanors and Felonies. There are different levels of Misdemeanors and Felonies, depending on the conduct involved.
SENTENCES OF IMPRISONMENT FOR MISDEMEANORS & VIOLATIONS – Code of Alabama Section 13A-5-7
Sentences in the county jail for violations cannot be over 30 days.
Misdemeanors sentences are less severe than felonies but more severe than violations. For a Class A misdemeanor the sentence in the county jail cannot be for more than one year. For a Class B misdemeanor the sentence cannot be for more than six months. For a Class C misdemeanor the sentence cannot be for more than three months.
FINES FOR MISDEMEANORS & VIOLATIONS – Code of Alabama Section 13A-5-12
In addition to jail time, a fine may be imposed for a violation. However, the fine cannot be more than $200.
The court also has the option to fine the defendant any amount not more than double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
In addition to jail time, for a Class A misdemeanor the fine cannot be more than $6,000, for a Class B misdemeanor not more than $3,000, and for a Class C misdemeanor not more than $500.
Another option the court has is a fine of any amount not more than double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
SENTENCES OF IMPRISONMENT FOR FELONIES – Code of Alabama Section 13A-5-6
Felonies are more severe than misdemeanors because they have higher sentences. While misdemeanor sentences are served in the county jail or by serving hard labor for the county, sentences for felonies are to be served in prison, which includes hard labor.
For a Class A felony the sentence may not be less than 10 years and may not be over 99 years but may be up to life. For a Class B felony the sentence may not be more than 20 years and cannot be less than 2 years. For a Class C felony the sentence cannot be more than 10 years and cannot be less than 1 year and 1 day. For a Class D felony the sentence cannot be more than 5 years and cannot be less than 1 year and 1 day.
For a Class A felony where a firearm or deadly weapon was used or attempted to be used in the commission of the felony the sentence cannot be for less than 20 years. For a Class B or C felony where a firearm or deadly weapon was used or attempted to be used in the commission of the felony the sentence cannot be for less than 10 years. This is called the “gun enhancement” or “firearm enhancement” to this felony sentencing provision.
It is important to know that the Alabama Habitual Felony Offender Act increases penalties for Felony offenses if the person has been convicted of other felonies in the past. An experienced lawyer can advise you about potential sentences, as well as the Habitual Offender Act, and can give you specific information regarding your particular situation.
Further, many offenses such as DUI, Possession of Marijuana, Possession, Distribution, or Manufacturing of Controlled Substances also carry a mandatory period of suspension of the person’s driver license as well as a requirement that they undergo a drug treatment program that is approved by the Court.
FINES FOR FELONIES – Code of Alabama Section 13A-5-11
In addition to serving prison time, a defendant convicted of a felony also may have to pay certain fines. For a Class A felony the fine cannot be more than $60,000, for a Class B felony not more than $30,000, for a Class C felony not more than $15,000, and for a Class D felony not more than $7,500.
The court also has the option of imposing a fine of any amount not more than double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
The court may hold a restitution hearing to decide the defendant’s gain or the victim’s loss from the crime. “Gain” means “the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed.”
Also, it is possible that a higher fine may be allowed by law for a specific crime.
This information is intended as a general guide to the law. It is not intended to substitute for getting the advice of an experienced lawyer who works with these laws on a daily basis. Skier & Associates can be reached anytime to discuss the specific facts of your case. Email us at blog@alabamapardonlawyer.com or call (334) 263-4105 now.
As always, it is best to consult with a lawyer specializing in criminal law before making any decisions or determinations about your case. At Skier & Associates we are available to discuss your case, offer advice on your best course of action, and discuss representation when your case goes to court.