Alabama Felony: Laws, Penalties, Sentencing, and Records

In Alabama, a felony is a serious offense that carries a sentence of more than a year in state prison. Felonies have harsher penalties and longer-lasting effects than misdemeanors, which are less serious and have shorter jail sentences. The classifications, punishments, and record-keeping practices for felonies vary by state. There are four different types of felonies in Alabama, each with its criteria and sentencing ranges.

What Is Considered a Felony in Alabama?

According to Alabama Code § 13A-5-6, felonies are offenses that result in jail terms longer than a year, usually served in the Alabama Department of Corrections. Typical felonies in Alabama include:

• Violent Crimes: These include murder, manslaughter, rape, robbery, assault with a deadly weapon, and kidnapping.
• Drug Crimes: Drug crimes in Alabama may include trafficking, manufacturing, or distribution of controlled substances.
• Property Crimes: Alabama property crimes include burglary, arson, theft of property over $1,500, and receiving stolen property.
• White-Collar Crimes: Such crimes may include fraud, forgery, identity theft, and embezzlement.
• Weapons Offenses: This includes any convictions for the possession of a firearm, unlawful distribution of firearms.

Certain factors determine whether a crime is upgraded to a felony, such as the seriousness of the harm, the monetary value, or the existence of aggravating circumstances. For instance, if an individual steals less than $500, they could be charged with a misdemeanor, but if they steal more than $1,500, they will be charged with a felony known as First Degree Theft of Property. In the same vein, serious assault involving a weapon is considered is a felony, but simple assault without any weapons is typically a misdemeanor.

What Is a Felony in Alabama?

A felony is any crime that is considered serious and, as such, attracts a sentence of more than a year in an Alabama state prison. Misdemeanors, in comparison, are punishable by up to a year in county or city jail.

The legal implications of a felony conviction can be grave, including:

• Prison Terms and Fines: Felonies carry longer prison sentences and fines up to $60,000, depending on the class.
• Civil Rights Loss: Convicted felons in Alabama may lose the right to vote, own firearms, and serve on a jury.
• Permanent Criminal Record: Felony convictions appear on background checks and can affect employment, housing, and licensing.

Felony Classes and Penalties in Alabama

Felonies in Alabama are divided into four classes: A, B, C, and D. Different sentence ranges apply to different classes.

Alabama Felony Classes

• Class A Felony

  • These include the most serious offenses, including murder, first-degree rape, and kidnapping.
  • Sentence: Perpetrators of crimes in the Class A Felony category, can get 10 years to life (99 years maximum).
  • Fine: Individuals convicted for these crimes could pay up to $60,000.

• Class B Felony

  • Class B felonies include first-degree manslaughter, first-degree theft of property, and first-degree burglary.
  • Sentence: If convicted, perpetrators could face 2 to 20 years.
  • Fine: Convicted individuals may have to pay as much as to $30,000.

• Class C Felony

  • These include second-degree burglary, certain drug possession, and theft between $1,500 and $2,500.
  • Sentence: Jail time for such crimes could range from 1 year and 1 day to 10 years.
  • Fine: Fines could also get as high as $15,000.

• Class D Felony

  • Created under Alabama's Sentencing Reform Act of 2015, often applied to lower-level nonviolent offenses like possession of controlled substances.
  • Sentence: Individuals convicted of such crimes may face imprisonment for 1 year and 1 day to 5 years.
  • Fine: Convicted individuals could pay up to $7,500.

This classification system provides structure and predictability in felony sentencing.

Felony Sentencing Guidelines in Alabama

In Alabama, statutory statutes, laws pertaining to habitual offenders, and the court's discretion all influence sentencing for felonies.

Sentencing Factors

• Statutory Ranges: Defined for each felony class.
• Habitual Felony Offender Act (HFOA): Repeat felony offenders face enhanced penalties, including mandatory life sentences for repeat Class A felonies.
• Aggravating Factors: Use of weapons, crimes against children or the elderly, gang activity, or prior violent crimes.
• Mitigating Factors: First-time offense, cooperation with law enforcement, rehabilitation efforts.
• Parole and Probation: Parole eligibility varies, but certain violent felonies carry restrictions. Probation may be granted for lower-level felonies.

A repeat offender under the HFOA may be subject to a mandatory jail sentence, but a first-time Class C felony offender may be placed on probation.

Felony Laws and Procedures in Major Alabama Cities

Birmingham (Jefferson County)

Birmingham, the biggest city in Alabama, uses the Jefferson County Circuit Court to handle felony cases. The court deals with many violent crimes, drug offenses, and felonies involving property. To find felony records from Jefferson County, visit the Alabama Unified Judicial System or go through the Jefferson County Clerk of Court.

Montgomery (Montgomery County)

The Montgomery County Circuit Court handles felony cases in Montgomery. The court places a strong emphasis on prosecuting serious felonies and crimes connected to gangs. Records can be accessed through state court systems or the Montgomery County Circuit Clerk's Office.

Mobile (Mobile County)

In Mobile, felonies are handled by the Mobile County Circuit Court. Specialized prosecution units for serious crimes and drug trafficking are available in Mobile. The Alabama Courts public access portal and the Mobile County Clerk both provide access to felony records.

Under state law, criminal prosecutions in Alabama are uniform; nevertheless, the resources and case management practices of individual county courts may vary.

How to Search for Felony Records in Alabama

Alabama makes felony records available through official court systems and local clerks.

1. Alabama Judicial System Public Access Portal

The Alabama Unified Judicial System (Alacourt) provides online access to felony records. Searches can be made by party name or case number. Subscription fees may apply.

2. County Circuit Court Clerk's Offices

People must ask the county circuit court clerk where the matter was filed for records, such as certified documents, felony dockets, or case files. Copies and certification fees are applicable.

3. Alabama Criminal History Records

The statewide criminal history records are kept by the Alabama Law Enforcement Agency(ALEA). Official background checks, including those for felony convictions, can be requested.

4. Police Department Records

Arrest reports and incident data are kept up to date by local police departments. Although there are limitations, these can be acquired under the Alabama Open Records Act.

5. Third-Party Background Check Services

Alabama felony records are compiled by numerous private organizations, but official state databases are a better source of current, confirmed information.

Open vs. Sealed Records

• Open Records: Most felony convictions remain public.
• Sealed Records: You may be able to get certain nonviolent felonies expunged. These crimes would typically qualify if the charges were dropped, the defendant was found not guilty, or they meet specific requirements under Alabama's expungement legislation.

Why Understanding Felonies in Alabama Matters

Felony charges in Alabama carry severe penalties and long-term consequences beyond prison time. Convictions can significantly impact job opportunities, housing, and civil rights. For employers, landlords, and individuals, knowing how to access and interpret felony records is crucial for compliance and informed decision-making.

Penalties for felonies in Alabama range from one year and a day to life in prison and are categorized into Classes A through D. Under the Habitual Felony Offender Act, sentencing is determined by the felony class, aggravating circumstances, and past convictions.

Through the Alabama Law Enforcement Agency, county clerks, or Alacourt, felony records can be searched, guaranteeing public access but maintaining privacy due to limited expungement regulations. Knowing Alabama's felony statutes makes it easier for citizens, attorneys, and organizations to deal with the criminal justice system in the state.