Alabama Felony
In the state of Alabama there are three felony classes: Class A, Class
B, and Class C.
Class A
These are the highest felon convictions received in the state of
Alabama. With this conviction, the sentence received can be no less
than 10 years and no more than life or ninety-nine years. If a deadly
weapon, more specifically a firearm was used in this crime the
conviction will be twenty years minimum. In the event that the
conviction is for capital murder, the accused will receive an immediate
sentence of life. Fines are no more than $60,000.
Class A Felonies:
- Murder and/or Capital murder
- Kidnapping-1st degree
- Rape- 1st degree
- Domestic Violence- 1st degree
- Burglary- 1st degree
- Arson- 1st degree
With this conviction, the sentence received can be no less than two years and no more than twenty years. If a firearm or other deadly weapon is used in the crime the sentence is a minimum of ten years. The fines associated with this conviction are no more than $10,000.
Class B Felonies:
- Manslaughter-1st degree
- Assault- 1st degree
- Kidnapping-2nd degree
- Rape-2nd degree
- Sexual crimes
- Burglary-2nd degree
- Robbery
- Arson- 2nd degree
- Theft of property-1st degree
- Theft of services-1st degree
- Receiving stolen merchandise-1st degree
With this conviction, the sentence is no less than two years and no more than twent years. If firearm or other deadly weapon is used the minimum sentence is ten years. Fine are no more than $5000.
Class C Felonies:
- Criminally negligent homocide
- Custody Interference
- Criminal Tampering- 1st degree
- Receiving stolen merchandise- 2nd degree
Those convicted of Class A felonies cannot get time off for good behavior. With Class B and C felonies the accused can earn time off for good behavior for sentences of up to fifteen years. Which means inmates will serve one third of their sentence.
With Class B and C felonies, the convicted individual must have all three Parole Board members to agree in and sign parole documents, and inmate can be released at any time. However, if the convicted individual has served one third of their sentence already they will only be required to get two Board member signatures.
Expunging a Felony
As of 2009 HB-59 The Expungement Bill passed into law in Alabama. Under this law individuals who did not commit violent crimes can petition the court for expungement of their criminal records.
Violent crimes include: murder and/or capital murder, 1st degree rape, attempted murder, manslaughter, sodomy and any sexual crimes and/or abuse against children.
In order to have their criminal records expunged, the convicted individual must serve their entire sentence. Or they must be acquited or exonerated of this crime. After which they petition the court. If the court accepts the petition and the expungment is successful this will only remove these criminal records from public view. The individual remains stripped of their rights even after becoming expunged. These rights include: the right to vote, the right to purchase and carry a firearm.
The records are sealed from the public eye but if the convicted individual commits another crime the records can be reviewed by the court system. See also:
Alabama Expungement External link (opens in new window)
Alabama Gun Laws External link (opens in new window)
Alabama Bankruptcy External link (opens in new window)
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