Alabama Felony Classes and Misdemeanor Penalties (2026)

Alabama law defines a felony as "an offense for which a sentence to a term of imprisonment in excess of one year is authorized" by the Criminal Code, and a misdemeanor as an offense for which imprisonment "not in excess of one year may be imposed" (Ala. Code 13A-1-2(8), (9)). Felonies fall into four classes (A, B, C and D), misdemeanors into three (A, B and C), and a third, non-criminal tier called a violation is not classified at all (13A-5-3). For other states, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alabama's offense definitions and classes (Ala. Code 13A-1-2, 13A-5-3, 13A-5-4), authorized dispositions (13A-5-2), prison terms and fines by class (13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12), the Habitual Felony Offender Act (13A-5-9), capital offenses (13A-5-39, 13A-5-40) in outline, presumptive sentencing standards (12-25-34.2), split sentences (15-18-8) and probation (15-22-54). It does not cover how individual offenses are graded (see the Alabama theft laws and Alabama assault and battery laws pages), time limits for charges, record clearing, parole and release rules, municipal ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony, misdemeanor and violation in Alabama

Alabama sorts offenses into three tiers by the length of imprisonment allowed. The definitions in Ala. Code 13A-1-2 read:

(4) CRIME. A misdemeanor or a felony. ... (8) FELONY. An offense for which a sentence to a term of imprisonment in excess of one year is authorized by this title. (9) MISDEMEANOR. An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed. ... (16) VIOLATION. An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.

Two points follow from the text. A one-year maximum is a misdemeanor, because a felony requires a term "in excess of one year." And a violation is an offense but not a crime, since the Code defines a crime as "a misdemeanor or a felony."

Section 13A-5-3 then sets the classes:

(a) Offenses are designated as felonies, misdemeanors or violations. (b) Felonies are classified according to the relative seriousness of the offense into four categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; and (4) Class D felonies. (c) Misdemeanors are classified according to the relative seriousness of the offense into three categories: (1) Class A misdemeanors; (2) Class B misdemeanors; and (3) Class C misdemeanors. (d) Violations are not classified.

Alabama felony and misdemeanor classes, sentences and fines

These are the ranges for the class itself; the Habitual Felony Offender Act (13A-5-9) sets higher ranges for some repeat felony convictions, described below.

Some offenses carry more than their class range. Capital offenses, listed in 13A-5-40, are punished by "a sentence of death or life imprisonment without parole," or, for a defendant who establishes that he or she was under 18 at the time, life or life without parole (13A-5-39(1)). Since October 1, 2026 (Act 2026-55), the list includes first-degree rape, first-degree sodomy and sexual torture when the victim is less than 12 years of age (13A-5-40(a)(22) to (24)). In Kennedy v. Louisiana, 554 U.S. 407 (2008), the U.S. Supreme Court held that "a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments." Each of those offenses remains a Class A felony, but where the defendant was 16 or older and the victim under 12, its punishment is fixed under the capital sentencing article, and "Any defendant sentenced to life imprisonment on a capital offense must serve a minimum of 30 years, day for day, prior to his or her first consideration of parole" (13A-6-61(b), 13A-6-63(b), 13A-6-65.1(b)).

Two other rules in 13A-5-6 add to the class range. First-degree rape, first-degree sodomy or sexual torture by a defendant 21 or older of a victim six or younger requires life without the possibility of parole (13A-5-6(d)). A sexually violent predator, or a person convicted of a Class A felony sex offense involving a child who is sentenced to a county jail or the Department of Corrections, receives an additional penalty of "not less than 10 years of post-release supervision" (13A-5-6(c)).

The felony terms come from 13A-5-6(a), which provides that "Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor." The two enhanced floors read in full:

(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony sex offense involving a child as defined in Section 15-20A-4, not less than 20 years. (6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4, not less than 10 years.

Under 13A-5-6(b), "The actual time of release within the limitations established by subsection (a) shall be determined under procedures established elsewhere by law."

Misdemeanor sentences, under 13A-5-7(a), "shall be a definite term of imprisonment in the county jail or to hard labor for the county." A person convicted of a misdemeanor or violation may be sentenced to the authorized imprisonment, the authorized fine, or both (13A-5-2(c)).

The fine sections allow, as an alternative to each dollar cap, "Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense" (13A-5-11(a)(5), 13A-5-12(a)(4)). The felony fine section "shall not apply if a higher fine is otherwise authorized by law for a specific crime" (13A-5-11(d)).

How the actual sentence is set

Within the class ranges, Alabama uses sentencing standards issued by the Alabama Sentencing Commission, and for nonviolent offenses those standards are presumptive. Section 12-25-34.2(b)(1) provides:

The voluntary sentencing standards as provided for in Section 12-25-34, as applied to nonviolent offenses shall become presumptive sentencing standards effective October 1, 2013, to the extent the modification adopted by the Alabama Sentencing Commission become effective October 1, 2013. The standards shall be applied by the courts in sentencing subject to departures as provided herein.

The statute defines aggravating factors as "Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recommendation" (12-25-34.2(a)(1)). The statute defines nonviolent offenses by reference to 12-25-32. For a nonviolent offense covered by the presumptive standards, the class range in 13A-5-6 is the outer limit, not the typical sentence.

Split sentences

For some felonies, a judge may combine a short period of confinement with probation. Among the options in 15-18-8(a), paragraph (1) provides:

(a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that is a Class A or Class B felony offense, and receives a sentence of 30 years or less, the judge presiding over the case may order: (1) In cases where the defendant is convicted of a Class A, Class B, Class C, or Class D felony and the imposed sentence is not more than 15 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.

For a Class A, B or C felony with a sentence greater than 15 years but not more than 20 years, the confinement portion is three to five years (15-18-8(a)(2)). For a sentence greater than 20 years but not more than 30 years, it is "a minimum period of 10 years," which "may not be served in a county jail," and the court "shall not suspend or alter the minimum period of confinement ordered" (15-18-8(a)(3)). No parole or deductions under the Alabama Correctional Incentive Time Act apply during the minimum confinement period (15-18-8(g)).

A split sentence changes how the sentence is served, not the class of the conviction.

The Habitual Felony Offender Act

Alabama's repeat-offender statute is 13A-5-9. Subsections (a) to (c) count prior Class A, B or C felonies and enhance a new Class A, B or C felony. A new Class D felony is enhanced separately: it is punished as a Class C felony after two or more prior Class A or B felonies (13A-5-9(d)) or after any three or more prior felonies (13A-5-9(e)). The Act does not apply to a corporation (13A-5-10(b)). Subsection (a) covers one prior conviction:

(a) In all cases when it is shown that a criminal defendant has been previously convicted of a Class A, Class B, or Class C felony and after the conviction has committed another Class A, Class B, or Class C felony, he or she must be punished as follows: (1) On conviction of a Class C felony, he or she must be punished for a Class B felony. (2) On conviction of a Class B felony, he or she must be punished for a Class A felony. (3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

With two prior Class A, B or C felonies, subsection (b) raises the terms again: a new Class C felony is punished as a Class A felony; a new Class B felony carries life or not more than 99 years but not less than 15 years; and a new Class A felony carries life or "not less than 99 years" (13A-5-9(b)(1) to (3)).

With three prior Class A, B or C felonies, subsection (c) sets the highest terms: a new Class C felony carries life or not more than 99 years but not less than 15 years; a new Class B felony carries life or not less than 20 years; a new Class A felony carries life or life without parole, in the discretion of the trial court, where the defendant has no prior Class A felony; and "On conviction of a Class A felony, where the defendant has one or more prior convictions for any Class A felony, he or she must be punished by imprisonment for life without the possibility of parole" (13A-5-9(c)(1) to (4)).

Since October 1, 2026, subsection (f) also defines which convictions count:

(f) For purposes of this section, "convicted" includes any conviction from this state or out of this state, and a conviction based on a plea of nolo contendere, a plea of no contest, a best interests plea, or an Alford plea shall be treated in the same manner as a conviction based on a plea of guilty unless any of the foregoing pleas has been expunged.

Murder and offenses without a class

Every felony in Title 13A carries its class in the chapter or article that defines it, with one exception for murder. Capital offenses are a separate tier: 13A-5-40 lists them (including murder in listed circumstances and, since October 1, 2026, first-degree rape, first-degree sodomy and sexual torture of a victim under 12), and they are punished by death or life without parole as described above. In Kennedy v. Louisiana (2008), the U.S. Supreme Court held that a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments. Under 13A-5-4(a), "The particular classification of each felony defined in this title, except murder under Section 13A-6-2, is expressly designated in the chapter or article defining it." Murder has its own sentencing rule in 13A-5-2(f):

Every person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the offense, as authorized by subsection (c) of Section 13A-6-2.

Our page on how long a life sentence lasts in Alabama covers what life terms mean in practice.

Offenses defined outside Title 13A that do not state a class get default treatment under 13A-5-4:

• An offense "declared by law to be a felony without specification of its classification or punishment is punishable as a Class C felony" (13A-5-4(a)).
• An offense "declared by law to be a misdemeanor without specification as to classification or punishment is punishable as a Class C misdemeanor" (13A-5-4(b)).
• "Any offense defined outside this title without specification as to punishment or as to felony or misdemeanor is a violation" (13A-5-4(c)).

Is a violation a crime in Alabama?

No. A violation is an offense, but the Code defines a crime as "a misdemeanor or a felony" (13A-1-2(4)), and violations "are not classified" (13A-5-3(d)). The sentence for a violation "shall be for a definite term of imprisonment in the county jail, not to exceed 30 days" (13A-5-7(b)), and a fine "not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense" (13A-5-12(b)). The court may impose either or both (13A-5-2(c)).

Probation in Alabama

Probation is available after a felony, misdemeanor or violation conviction, subject to limits. Under 13A-5-2(d), "Every person convicted of a felony, misdemeanor, or violation, except for the commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed on probation as authorized by law." The child sex offense exclusion is one example of a limit on probation eligibility; the phrase "as authorized by law" ties eligibility to the rest of the Code. Section 15-18-8(b) separately provides that "Probation may not be granted for a sex offense involving a child as defined in Section 15-20A-4 that is a Class A or Class B felony."

The length limits are in 15-22-54(a):

The period of probation or suspension of execution of sentence shall be determined by the court and may not be waived by the defendant. The period of probation or suspension may be continued, extended, or terminated as determined by the court. Except as provided in Section 32-5A-191, relating to ignition interlock requirements, the maximum probation period of a defendant guilty of a misdemeanor may not exceed two years, nor shall the maximum probation period of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.

The aggravated theft by deception exception allows a longer term: "the maximum probation period shall not exceed 10 years unless otherwise authorized by law" (13A-8-2.1(d)). For a misdemeanor or municipal ordinance conviction, the court may suspend part of the sentence and order probation "for a period not exceeding two years" (15-18-8(h)).

What happens after a probation violation

The court may issue a warrant for a probationer who violates a condition, "and the court shall hold a violation hearing." A probationer may not be held in jail awaiting that hearing "for longer than 20 business days, unless new criminal charges are pending" (15-22-54(c)).

If the court finds sufficient evidence of a violation, 15-22-54(e) sets three tracks:

1. Mandatory revocation for listed underlying offenses. If the underlying offense was "a violent offense as defined in Section 12-25-32 and a Class A felony, a sex offense pursuant to Section 15-20A-5, possession of a firearm by a person forbidden from firearm possession pursuant to Section 13A-11-72, or aggravated theft by deception pursuant to Section 13A-8-2.1, the court shall revoke probation and require the probationer to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility" (15-22-54(e)(1)a).
2. Discretionary revocation for listed violations. If the violation "was for absconding, possessing a firearm, being arrested or convicted of a new offense, or failing to successfully complete a court supervised, evidence-based treatment program," the court "may revoke probation and require the probationer to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility" (15-22-54(e)(1)b).
3. Short confinement for others. "For all other probationers, the court may impose a period of confinement of no more than 45 consecutive days," served in a residential transition center or a consenting county jail (15-22-54(e)(1)c), and under 15-22-54(e)(2), "The court may not revoke probation unless the defendant has previously received a total of three periods of confinement pursuant to this subsection."

In every case, "The total time spent in confinement under this subsection may not exceed the term of the defendant's original sentence" (15-22-54(e)(3)).

Instead of going to court, a probation officer, with a supervisor's approval, may impose treatment, GPS monitoring or short county jail stays that "may not exceed nine total days" (15-22-54(f)). Before any such sanction, the probationer must receive a written violation report and written notice of the right to a court hearing, to present evidence, to counsel and to confront adverse witnesses; the probationer may waive the hearing (15-22-54(g)).

Recent changes

• Capital child sex offenses (13A-5-40, 13A-6-61, 13A-6-63, 13A-6-65.1): Act 2026-55 (HB 41, the Child Predator Death Penalty Act) made first-degree rape, first-degree sodomy and sexual torture capital offenses when the victim is less than 12 years of age and requires a person sentenced to life on such a capital offense to serve 30 years, day for day, before first parole consideration. In Kennedy v. Louisiana, 554 U.S. 407 (2008), the U.S. Supreme Court held that "a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments." Section 3 of the enrolled act provides: "This act shall become effective on October 1, 2026."
• Habitual offender pleas (13A-5-9(f)): HB 226 of the 2026 Regular Session (Act 2026-496) added subsection (f), treating nolo contendere, no contest, best-interest and Alford pleas like guilty pleas for habitual offender purposes unless expunged. Section 2 of the enrolled act provides: "This act shall become effective on October 1, 2026."
• Probation (15-22-54): Act 2025-273 (SB 119), section 3, provided for revocation of probation for unlawful possession of a firearm; possession of a firearm by a forbidden person (13A-11-72) is now among the underlying offenses that require revocation. The text quoted above is the current section.
• Split sentences (15-18-8): Act 2025-381 (HB 43), section 1, raised the sentence limit for a split sentence from 20 years or less to 30 years or less and added the 10-year minimum confinement tier for sentences between 20 and 30 years.
• Felony terms and presumptive standards (13A-5-6, 12-25-34.2): each amended by Act 2023-461, section 1.

Related legal issues

Specific offenses are placed into these classes by their own statutes. The Alabama theft laws page explains how theft is graded into these classes, and the Alabama assault and battery laws page does the same for assault.

For clearing a record, see Alabama expungement laws. Time limits for bringing felony and misdemeanor charges are on the Alabama statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• Alabama theft laws
• Alabama assault and battery laws
• Alabama expungement laws
• How long is a life sentence in Alabama
• Georgia felony and misdemeanor classes
• Florida felony and misdemeanor classes

This article provides general legal information about Alabama law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Alabama.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Alabama?

Under Ala. Code 13A-1-2, a felony is an offense for which Title 13A authorizes imprisonment in excess of one year, and a misdemeanor is one for which imprisonment not in excess of one year may be imposed. A felony sentence is a definite term of imprisonment, which includes hard labor (13A-5-6(a)); a misdemeanor sentence is served in the county jail or at hard labor for the county (13A-5-7(a)).

What are the felony classes in Alabama?

Class A, B, C and D (13A-5-3(b)). Under 13A-5-6(a), the ranges are life or 10 to 99 years for Class A, 2 to 20 years for Class B, 1 year and 1 day to 10 years for Class C, and 1 year and 1 day to 5 years for Class D, with higher minimums for firearm or deadly weapon use and certain child sex offenses and higher terms for habitual felony offenders under 13A-5-9. Capital offenses listed in 13A-5-40, which since October 1, 2026 include first-degree rape, first-degree sodomy and sexual torture of a victim under 12, are punished by death or life without parole. In Kennedy v. Louisiana (2008), the U.S. Supreme Court held that a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments.

How much time is a Class C felony in Alabama?

Not more than 10 years or less than one year and one day (13A-5-6(a)(3)), and not less than 10 years if a firearm or deadly weapon was used or attempted to be used (13A-5-6(a)(6)). A person with a prior Class A, B or C felony who commits a new Class C felony must be punished for a Class B felony (13A-5-9(a)(1)), and two or three prior felonies raise it further (13A-5-9(b), (c)). The fine is up to $15,000, or up to double the gain or loss (13A-5-11).

What is a Class A misdemeanor in Alabama?

It is the most serious misdemeanor class (13A-5-3(c)), punishable by up to one year in the county jail or at hard labor for the county (13A-5-7(a)(1)) and a fine up to $6,000, or up to double the gain or loss (13A-5-12(a)), or both.

Is a violation a crime in Alabama?

No. Under 13A-1-2(4), a crime is a misdemeanor or a felony; a violation is a separate, unclassified offense (13A-5-3(d)) punishable by up to 30 days in county jail (13A-5-7(b)) and a fine up to $200 or double the gain or loss (13A-5-12(b)), or both.

How long is probation in Alabama?

Under 15-22-54(a), probation may not exceed two years for a misdemeanor, except as provided in 32-5A-191 (ignition interlock), and may not exceed five years for a felony, except for aggravated theft by deception, where the maximum is 10 years (13A-8-2.1(d)). Probation is not available for a child sex offense that is a Class A or B felony (15-18-8(b)).

What happens if you violate probation in Alabama?

The court holds a violation hearing (15-22-54(c)). For listed underlying offenses it must revoke probation and order the balance of the original term, or any portion of it, served in a state prison facility; for listed violations such as absconding or a new offense it may revoke; for other probationers it may impose up to 45 consecutive days of confinement, and total confinement may not exceed the original sentence (15-22-54(e)). A probation officer may instead impose treatment, GPS monitoring or up to nine total days in jail, after written notice of the right to a hearing (15-22-54(f), (g)).

What is the Habitual Felony Offender Act in Alabama?

Under 13A-5-9, a person with one or more prior Class A, B or C felony convictions who commits another Class A, B or C felony is punished more severely. With one prior, a Class C is punished as a Class B and a Class B as a Class A; with three priors including a prior Class A, a new Class A felony requires life without the possibility of parole. A new Class D felony is punished as a Class C felony after two or more prior Class A or B felonies or after any three or more prior felonies (13A-5-9(d), (e)).