Alabama Criminal Laws

Under the criminal code of Alabama, a criminal act must be intentional, knowing, or reckless (Ala. Code § 13A-2-2).

How Are Crimes Classified in Alabama?

Alabama classifies criminal charges according to the seriousness of the crimes and potential penalties (§ 13A-5-3).

Felonies are punishable by time in state prison. There are Class A, B, C, and D felonies.

Misdemeanors receive time in county jail or probation. There are three levels of misdemeanor.

Violations are a catch-all category of crimes punishable by no more than 30 days in jail (§ 13A-1-2(16)).

Repeat offenders for felonies and misdemeanors generally receive sentences for the next classification up. For example, a second offense for a Class C felony is punishable as a Class B felony (§ 13A-5-9).

Alabama Criminal Categories

The Alabama code breaks crimes into categories according to the legal issue involved.

Inchoate crimes involve attempt, solicitation, and conspiracy (§ 13A-4-1 et seq.). Solicitation is a felony or misdemeanor depending on the crime solicited. For instance, solicitation to commit murder is a Class A felony, even if the crime is never committed.

Crimes involving danger to the person are any crimes that may harm someone. In Alabama state law, they include sexual offenses as well as crimes of violence, including:

• Homicide (§ 13A-6-1 et seq.) including murder, manslaughter, and negligent homicide
• Kidnapping
• Stalking
• Domestic violence
• Human trafficking and child sexual trafficking

Offenses involving damage or intrusion upon property include:

• Burglary
• Criminal trespass
• Arson
• Looting during a state of emergency (§ 13A-7-80)

Theft is a broad category that includes:

• Theft of property
• Theft by deception or fraud
• Robbery
• Pirating of music, software, or motion pictures
• Stolen metal recycling

Forgery and fraudulent practices charges (§ 13A-9-1 et seq.) include:

• The use of a fraudulent document or instrument
• Intent to defraud
• “Uttering” (use of a forged instrument as genuine)
• Business fraud

Offenses against order and safety include Alabama’s gun and weapons laws (§ 13A-11-50 et seq.) as well as:

• Libel
• Ecoterrorism
• Sex offender and felony registration

Bail Procedures and Aniah’s Law

In 2022, Alabama voters overwhelmingly voted to amend Section 16 of the state constitution. Amendment 1, known as Aniah’s Law, allows judges to deny bail to defendants charged with violent criminal offenses.

Section 15-3-3 originally only allowed judges to deny bail to defendants in capital murder cases where there was significant evidence that the defendant was likely guilty of the offense. As amended, Section 15-3-3(b)(1) greatly expanded the list of offenses that could be denied bail, including:

• Murder other than capital murder
• First-degree kidnapping
• First-degree rape, sodomy, and sexual torture
• First-degree domestic violence
• First-degree arson
• First-degree robbery
• First-degree burglary

Under the new law, any defendant charged with one of these crimes must be held without bail pending an "Aniah hearing."

At the hearing, the prosecution must show by clear and convincing evidence that no conditions of release can ensure the safety of the victim, witnesses, or any person in the community, or ensure the defendant’s appearance in court.

However, to protect the defendant’s constitutional rights, this pretrial hearing must occur at the defendant’s first appearance before the court. The length of continuances allowed is also restricted.

The judge must consider all other factors at the Aniah hearing that would be considered at any pretrial hearing, such as:

• The nature and circumstances of the offense
• The weight of evidence
• The defendant’s criminal history
• The defendant’s past conduct relating to court appearances, probation, or pretrial release
• Defendant’s ties to the community, employment, family and friends

Aniah’s law allows the judge to deny bail, it does not require the judge to do so.

Defenses to Criminal Charges

It is an affirmative defense in all criminal cases that the offender could not appreciate the “nature and quality” or wrongfulness of their acts (§ 13A-3-1) due to mental disease or defect. This is often known as the "insanity defense." The defendant must prove their mental disease or defect by clear and convincing evidence.

Voluntary intoxication is not a defense to any wrongful act. Involuntary intoxication is a defense to prosecution if it prevents the defendant from having the capacity to control their actions or understand the nature of their acts.

Juveniles may not be tried as adults if they committed the crime before the age of 14 (§ 13A-3-3).

Self-defense and defense of another are justifications for some crimes. Alabama law allows people to use force to protect themselves and others to prevent physical harm, criminal trespass, or first/second-degree arson. Self-defense is not a defense against use of force by law enforcement or other public officials.

Get Legal Help from an Alabama Criminal Defense Attorney

The general provisions of Alabama law are difficult for laypeople to understand. If you have a legal matter, whether it’s a DUI or a more serious matter, you need legal advice from an Alabama criminal defense lawyer.