Alabama Felony Sentencing

By Samuel Strom, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 29, 2024

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Alabama classifies its felonies into four classes, Class A through Class D. The state's sentencing laws sometimes impose mandatory minimum prison sentences or the death penalty, depending on the circumstances. 

A felony in Alabama is a crime that imposes over one year of imprisonment upon a person’s conviction. Felonies are more serious than misdemeanors, which impose up to one year of incarceration. Violations are the least serious crimes, imposing up to 30 days in jail.

Under Alabama’s sentencing guidelines, sentencing judges can impose the following types of sentences, among others:

  • Fines
  • Prison or jail time
  • Community service
  • Probation
  • Treatment programs
  • Life sentences
  • The death penalty (also known as capital punishment)

In theory, sentencing guidelines promote fairness by imposing punishment based on objective criteria. By doing so, sentencing guidelines intend to impose similar criminal sentences for a crime, regardless of the defendant’s characteristics.

Alabama also imposes mandatory minimum prison sentences for some felonies. In addition, a person who has previously committed one or more felonies may face harsher penalties than a first-time offender.

This article summarizes Alabama’s felony sentencing laws.

Alabama Felony Sentencing: Overview

The table below provides an overview of Alabama’s felony sentencing laws. For more information, consult the Code of Alabama or visit the links in the Related Resources section below.

Code Section

Code of Alabama Title 13A Criminal Code, Chapter 5, Article 1

  • Ala. Code § 13A-5-3 - Classification of Offenses
  • Ala. Code § 13A-5-6 - Sentences of Imprisonment for Felonies
  • Ala. Code § 13A-5-9 - Habitual Felony Offenders - Additional Penalties
  • Ala. Code § 13A-5-11 - Fines for Felonies
  • Ala. Code § 13A-5-40 - Capital Offenses

Class A Felonies

Mandatory minimum sentence of imprisonment: 10 years (§ 13A-5-6(a)(1))

If the convicted person used a firearm or deadly weapon or committed a Class A felony sex offense involving a child, a mandatory minimum sentence of 20 years (§ 13A-5-6(a)(5))

Maximum sentence: 99 years (§ 13A-5-6(a)(2))

Maximum fine: $60,000 (§ 13A-5-11(a)(1))

Class B Felonies

Mandatory minimum sentence of imprisonment: Two years (§ 13A-5-6(a)(2))

If the convicted person used a firearm or deadly weapon or committed a Class B felony sex offense involving a child, a mandatory minimum sentence of 10 years (§ 13A-5-6(a)(6))

Maximum sentence: 20 years (§ 13A-5-6(a)(2))

Maximum fine: $30,000 (§ 13A-5-11(a)(2))

Class C Felonies

Mandatory minimum sentence of imprisonment: One year and one day (§ 13A-5-6(a)(3))

If the convicted person used a firearm or deadly weapon, a mandatory minimum sentence of 10 years (§ 13A-5-6(a)(6))

Maximum sentence: 10 years (§ 13A-5-6(a)(3))

Maximum fine: $15,000 (§ 13A-5-11(a)(3))

Class D Felonies
  • Mandatory minimum sentence of imprisonment: One year and one day (§ 13A-5-6(a)(4))
  • Maximum sentence: Five years (§ 13A-5-6(a)(4))
  • Maximum fine: $7,500 (§ 13A-5-11(a)(4))

Life Imprisonment Without the Possibility of Parole

If the offender is convicted of the following sex offenses, they were 21 years or older at the time of the offense, and the victim was six years old or younger at the time of the offense, the court will sentence them to a life sentence without the possibility of parole (§ 13A-5-6(d)):

  • First-degree rape (§ 13A-6-61)
  • First-degree sodomy (§ 13A-6-63)
  • Sexual Torture (§ 13A-6-65.1)

Capital Offenses

A capital offense is a criminal offense for which the state of Alabama imposes the death penalty or life imprisonment without parole. (§ 13A-5-39). Alabama Code § 13A-5-40 lists 21 capital offenses, all related to murder.

A conviction for capital murder imposes the following penalties:

  • The death penalty (capital punishment), or
  • Life imprisonment without the possibility of parole.

However, if the defendant was under 18 years old at the time of the crime, they face either:

  • A life sentence, or
  • A life sentence without the possibility of parole. (§ 13A-5-39)

Post-Release Supervision

In addition to the penalties noted above, a sentencing judge will impose an additional penalty of at least 10 years of post-release supervision upon the defendant’s release from incarceration in the following situations (§ 13A-5-6(c)):

  • If the court designates a person as a sexually violent predator and sentences them to county jail or the Alabama Department of Corrections, or
  • If the conviction was for a Class A felony sex offense involving a child and the defendant is sentenced to county jail or the Alabama Department of Corrections.

Related Code Sections
  • Sentences of Imprisonment for Misdemeanors and Violations (§ 13A-5-7)
  • Fines for Misdemeanors and Violations (§ 13A-5-12)
  • Fines for Certain Additional Misdemeanors (§ 13A-5-12.1)

Note: Alabama’s legislature changes and revises the Code of Alabama frequently. While FindLaw strives to provide the most recent versions of Alabama’s state laws, consider conducting your own research to verify the laws you are researching. You can also contact an Alabama criminal defense attorney for specific legal advice.

Habitual Offenders

A person with previous felony convictions will often face more severe penalties. The courts sometimes refer to these defendants as "habitual offenders."

If a person has a prior felony conviction and they subsequently commit another felony offense in Alabama, the following penalties apply to the second felony:

  • If convicted of a Class C felony, the state punishes them as if they committed a Class B felony. (§ 13A-5-9(a)(1))
  • If convicted of a Class B felony, the state punishes them as if they committed a Class A felony. (§ 13A-5-9(a)(2))
  • If convicted of a Class A felony, the defendant faces a mandatory minimum term of 15 years in prison (up to 99 years) or a life sentence. (§ 13A-5-9(a)(3))

If the defendant has two prior felony convictions, the following penalties apply to a third felony conviction:

  • If convicted of a Class C felony, the state punishes them as if they committed a Class A felony. (§ 13A-5-9(b)(1))
  • If convicted of a Class B felony, the defendant faces a mandatory minimum term of 15 years in prison (up to 99 years) or a life sentence. (§ 13A-5-9(b)(2))
  • If convicted of a Class A felony, the defendant faces up to 99 years in prison or a life sentence. (§ 13A-5-9(b)(3))

If the defendant has three prior felony convictions that were Class A, B, or C felonies, and they commit a fourth Class A, B, or C felony, they face the following penalties:

  • If convicted of a Class C felony, they face a mandatory minimum term of 15 years in prison (up to 99 years) or a life sentence. (§ 13A-5-9(c)(1))
  • If convicted of a Class B felony, they face a mandatory minimum sentence of 20 years, up to a life sentence. (§ 13A-5-9(c)(2))
  • If convicted of a Class A felony, and the defendant has no prior convictions for a Class A felony, they face a life sentence. The court has discretion as to whether the defendant’s sentence includes the possibility of parole. (§ 13A-5-9(c)(3))
  • If convicted of a Class A felony, and the defendant has one or more prior convictions for a Class A felony, the court must sentence them to a life sentence without the possibility of parole. (§ 13A-5-9(c)(4))

If the criminal defense has two or more prior felony convictions for Class A or B felonies, and they subsequently commit a Class D felony, the state must punish them as though they committed a Class C felony. (§ 13A-5-9(d))

In all instances where the defendant has three or more felony convictions and subsequently commits a Class D felony, the state must punish them as though they committed a Class C felony. (§ 13A-5-9(e))

Related Resources

Visit the links below for more information about Alabama’s laws and more general information about criminal law:

You can also visit Selected State Sentencing Laws for information about sentencing guidelines and each state’s sentencing scheme.

Facing Felony Charges? Contact an Attorney

If law enforcement has charged you with a felony in Alabama, you should contact a criminal defense lawyer near you. An experienced criminal defense attorney can explain and protect your rights in a criminal case and formulate specific defense strategies. Whether you face second-degree theft charges in Auburn or third-degree assault in Birmingham, a criminal defense attorney can help. Contact one today to get started.

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