Alaska Felony Classes and Misdemeanor Penalties (2026)

Alaska defines a felony as "a crime for which a sentence of imprisonment for a term of more than one year is authorized" and a misdemeanor as "a crime for which a sentence of imprisonment for a term of more than one year may not be imposed" (AS 11.81.900(a)(26), (40)). For sentencing, Alaska sorts offenses into unclassified felonies, class A, B and C felonies, class A and B misdemeanors, and violations, which are noncriminal (AS 11.81.250(a)), and it sets most felony terms inside presumptive ranges that rise with each prior felony conviction (AS 12.55.125).

For other states and the federal classes, see 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 Alaska's offense definitions and classification statutes (AS 11.81.250, 11.81.900), the felony, misdemeanor and fine sentencing sections (AS 12.55.035, 12.55.125, 12.55.135), the prior-conviction and definition sections (AS 12.55.145, 12.55.155(c), 12.55.185), and the probation statutes (AS 12.55.085 to 12.55.110, AS 33.05.070), including the changes made by House Bill 239 (ch. 9 SLA 2026). It does not cover how specific offenses are graded (see the linked theft and assault pages), time limits for charging, record clearing, juvenile sentencing, parole, federal offenses or municipal ordinances.

Felony vs misdemeanor in Alaska

Alaska's criminal code defines each tier by the punishment the law allows. The definitions in AS 11.81.900(a) apply "for purposes of this title, unless the context requires otherwise":

"(12) 'crime' means an offense for which a sentence of imprisonment is authorized; a crime is either a felony or a misdemeanor; ... (26) 'felony' means a crime for which a sentence of imprisonment for a term of more than one year is authorized; ... (40) 'misdemeanor' means a crime for which a sentence of imprisonment for a term of more than one year may not be imposed; ... (69) 'violation' is a noncriminal offense punishable only by a fine, but not by imprisonment or other penalty;" (AS 11.81.900(a))

The felony line depends on the term that is authorized for the offense, not on the sentence a court actually imposes. A class A misdemeanor, the most serious misdemeanor class, tops out at one year (AS 12.55.135(a)).

AS 11.81.250(a) describes the character of each class. Class A felonies "characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person," and violations "characteristically involve conduct inappropriate to an orderly society but which do not denote criminality in their commission."

Alaska felony and misdemeanor classes and sentences

The table gives the term and fine set for each class. Fines are the ceilings for a defendant who is not an organization, and each applies "unless otherwise specified in the provision of law defining the offense" (AS 12.55.035(b)).

These are the ranges for the class itself. AS 12.55.125(l) and the sexual-felony scheme in AS 12.55.125(i) and (q) set higher terms, up to 99 years, for sexual felonies of every class and for some repeat convictions, described below, and several class A, B and C ranges apply "except as provided in (i)" of AS 12.55.125.

The $500,000 tier in AS 12.55.035(b)(1) covers murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3) or (4), sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), and misconduct involving a controlled substance in the first degree.

How an Alaska felony sentence is set: presumptive ranges

Alaska writes its presumptive felony ranges into the sentencing statute itself. Under AS 12.55.125(c) to (e), a defendant convicted of a class A, B or C felony "may be sentenced to a definite term of imprisonment of not more than" 20, 10 or 5 years, "and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175." The class maximum is the outer limit, not the typical sentence.

Which range applies depends on prior felonies. AS 12.55.185 defines a "first felony conviction" as one where "the defendant has not been previously convicted of a felony," a "second felony conviction" as one where the defendant "previously has been convicted of a felony," and a "third felony conviction" as one where the defendant "has been at least twice previously convicted of a felony."

Some first offenses carry a higher starting range. A class A first felony conviction runs 7 to 11 years where, among the listed circumstances, the defendant possessed a firearm, used a dangerous instrument, caused serious physical injury or death, or knowingly directed the conduct at a clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant or other emergency responder on duty (AS 12.55.125(c)(2)), and 4 to 11 years for listed schedule IA or IIA manufacturing or delivery (AS 12.55.125(c)(2)(C)). A class B first felony conviction runs 2 to 4 years where the defendant violated AS 11.41.130 and the victim was a child under 18 (AS 12.55.125(d)(2)(A), as amended in 2026). A class C first felony conviction under AS 08.54.720(a)(15) runs 1 to 2 years (AS 12.55.125(e)(4)).

Not every prior counts. For the class A, B and C ranges, "a prior conviction may not be considered if a period of 10 or more years has elapsed between the date of the defendant's unconditional discharge on the immediately preceding offense and commission of the present offense unless the prior conviction was for an unclassified or class A felony" (AS 12.55.145(a)(1)(A), as amended by ch. 9 SLA 2026).

The range can move. Aggravating factors in AS 12.55.155(c) "may allow imposition of a sentence above the presumptive range," and they include a defendant who "has three or more prior felony convictions" (factor 15), a "criminal history of repeated instances of conduct violative of criminal laws, whether punishable as felonies or misdemeanors, similar in nature to the offense" (factor 21), and prior convictions "for five or more crimes" that are class A misdemeanors (factor 31). Where the state seeks to prove a fact that raises the range under AS 12.55.125(c)(2), (d)(2), (e)(4) or the listed parts of (i), the fact goes to a jury and must be proven beyond a reasonable doubt unless the defendant waives a jury and stipulates or consents to a bench finding, with written notice under AS 12.55.155(f)(2) (AS 12.55.125(p)).

Once a presumptive range applies, AS 12.55.125(g) limits how the term can be softened: except to the extent AS 12.55.155 to 12.55.175 permit, "imprisonment may not be suspended under AS 12.55.080 below the low end of the presumptive range," imposition of sentence may not be suspended except under (d)(1) or (e)(1), and "terms of imprisonment may not be otherwise reduced."

Repeat serious felonies and the mandatory 99-year terms

AS 12.55.125(l) is Alaska's main repeat-offender rule beyond the presumptive ladder: "a defendant convicted of an unclassified or class A felony offense, and not subject to a mandatory 99-year sentence under (a) of this section, shall be sentenced to a definite term of imprisonment of 99 years when the defendant has been previously convicted of two or more most serious felonies." That term may not be suspended, imposition of sentence may not be suspended, and the term "may not be reduced, except as provided in (j) of this section." For this rule, the first prior conviction must come before the second offense was committed, and the second conviction before the current offense was committed (AS 12.55.145(a)(2)(B)).

A "most serious felony" means first degree arson, first degree sex trafficking under AS 11.66.110(a)(2), enticement of a minor under AS 11.41.452(e), "any unclassified or class A felony prescribed under AS 11.41," or an attempt, conspiracy or solicitation of an unclassified AS 11.41 felony (AS 12.55.185(10)).

First degree murder carries a mandatory 99 years in listed cases, including the murder of an on-duty peace officer, firefighter or correctional employee, a defendant previously convicted of first degree murder or another listed homicide, a victim subjected to "substantial physical torture," and a peace officer who used that authority to facilitate the murder (AS 12.55.125(a)). For the unclassified terms under (a) and (b), the minimum or mandatory term may not be suspended or reduced except as AS 12.55.125(j) provides, and imposition of sentence may not be suspended (AS 12.55.125(f)). Second degree murder of a child under 18 carries at least 20 years where the court finds by clear and convincing evidence that the defendant was a parent, guardian or person in a position of authority, or caused the death by committing a listed crime against a person (AS 12.55.125(b), as amended in 2026).

Sexual felonies

Sexual felonies are sentenced under their own ladder of presumptive ranges in AS 12.55.125(i), and those ranges replace the class ranges above. Every offense listed in AS 12.55.125(i), including class B and class C sexual felonies such as sexual assault in the second and third degree, incest and possession of child sexual abuse material, may be sentenced to up to 99 years. First felony presumptive ranges are 20 to 30 or 25 to 35 years for first degree sexual assault and sexual abuse of a minor in the first degree (AS 12.55.125(i)(1)), 5 to 15 years for offenses such as second degree sexual assault (AS 12.55.125(i)(3)) and 2 to 12 years for offenses such as third degree sexual assault (AS 12.55.125(i)(4)), and a third felony conviction with two prior sexual felony convictions carries 99 years. On top of the active term, AS 12.55.125(q) requires, other than for mandatory 99-year sentences, a minimum suspended term and minimum probation: 5 years suspended and 15 years of probation for an unclassified felony, 3 years suspended and 10 years of probation for a class A or B felony, and 2 years suspended and 5 years of probation for a class C felony. That probation "is in addition to any sentence received under (i) of this section and may not be suspended or reduced."

Misdemeanor mandatory minimums

Misdemeanors have maximums, not presumptive ranges, but some carry minimums. Fourth degree assault that is a crime involving domestic violence carries at least 30 days if the defendant has a prior conviction for a crime against a person or a crime involving domestic violence, and at least 60 days with two or more (AS 12.55.135(g)). For those sentences, execution may not be suspended, probation or parole may not be granted until the minimum is served, imposition may not be suspended, and the minimum may not otherwise be reduced (AS 12.55.135(i)). For those domestic violence minimums, a prior conviction is not counted if five or more years passed between unconditional discharge on the preceding offense and the new offense, unless it was for an unclassified or class A felony (AS 12.55.145(a)(3)(A)).

AS 12.55.135 sets other minimums too: 20 days for domestic violence fourth degree assault that violates a protective order (AS 12.55.135(c)); 60 days (30 days under AS 11.41.230(a)(3)) for fourth degree assault or first degree harassment knowingly directed at an on-duty peace officer, firefighter, emergency responder or medical professional, and 60 days for some assaults on school grounds (AS 12.55.135(d)); at least 72 hours for second degree vehicle theft under AS 11.46.365(a)(1) (AS 12.55.135(f)); and 35 days for second degree failure to register as a sex offender or child kidnapper (AS 12.55.135(h)). For the (c), (d) and (h) minimums, execution may not be suspended and probation or parole may not be granted until the minimum is served (AS 12.55.135(e)).

Unclassified felonies and offenses outside the criminal code

AS 11.81.250(a) classifies every Title 11 offense "except murder in the first and second degree" and the other listed unclassified offenses, which carry their own terms in AS 12.55.125(a), (b) and (i). For offenses written elsewhere in Alaska law, two fallback rules apply (AS 11.81.250(b), (c)):

• "A felony under the law of this state defined outside this title for which no penalty is specifically provided is a class C felony."
• "A misdemeanor under Alaska law defined outside this title for which no penalty is provided is a class A misdemeanor."

An example of a class set outside Title 11 is AS 28.35.060, the duty to help after a crash. Since July 1, 2026, failing to render reasonable assistance in an accident resulting in injury is a class B felony, and in an accident resulting in death a class A felony, "punishable as provided in AS 12.55" (AS 28.35.060(c), (d), as amended by ch. 9 SLA 2026). The earlier text punished the injury offense by up to 10 years, a fine of up to $10,000, or both.

Can a felony be reduced to a misdemeanor in Alaska?

The classification of each Alaska offense is set in the section that defines it (AS 11.81.250(b), (c)), and the felony and misdemeanor sentencing sections (AS 12.55.125, 12.55.135) contain no provision letting a court sentence a felony as a misdemeanor.

What the statutes do provide is a suspended imposition of sentence for some first felony convictions. A court may grant one for a class B first felony conviction "if, as a condition of probation under AS 12.55.086, the defendant is required to serve an active term of imprisonment within the range specified in this paragraph, unless the court finds that a mitigation factor under AS 12.55.155 applies" (AS 12.55.125(d)(1)), and for a class C first felony conviction, with or without an active term within the 0 to 2 year range (AS 12.55.125(e)(1)). "Upon the discharge by the court without imposition of sentence, the court may set aside the conviction and issue to the person a certificate to that effect" (AS 12.55.085(e)). A set-aside is not a reclassification, and a set-aside conviction still counts as a prior conviction for the AS 12.55.085(f)(3) bar. The Alaska expungement laws page covers record relief.

Violations: Alaska's noncriminal tier

A violation is not a crime. The statute defines it as "a noncriminal offense punishable only by a fine, but not by imprisonment or other penalty" (AS 11.81.900(a)(69)), and an offense is "either a crime or a violation" (AS 11.81.900(a)(42)). The fine for an individual is up to $500 unless the law defining the offense provides otherwise (AS 12.55.035(b)(7)).

Probation in Alaska

Alaska caps the total length of probation:

"The period of probation, together with any extension, may not exceed (1) 25 years for a felony sex offense; or (2) 10 years for any other offense." (AS 12.55.090(c))

When a court suspends imposition of sentence, the suspension may continue "for a period of time, not exceeding the maximum term of sentence that may be imposed or a period of one year, whichever is greater" (AS 12.55.085(a)). Sexual felonies carry the minimum probation periods in AS 12.55.125(q) described above.

Eligibility is limited in several ways, among others:

• Suspended imposition of sentence (AS 12.55.085(f)): the court may not suspend imposition of sentence for a person convicted under AS 11.41.100 to 11.41.220, 11.41.260 to 11.41.320, 11.41.360 to 11.41.370, 11.41.410 to 11.41.530, AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 to 11.61.128 or AS 11.66.110 to 11.66.135; for a person who used a firearm in the offense; or for a person convicted of AS 11.41.230 to 11.41.250 or a felony who has a prior conviction for an AS 11.41 misdemeanor, a felony, or a similar offense in another jurisdiction. AS 11.61.121 and 11.61.122 were added by ch. 9 SLA 2026 for sentences imposed on or after July 1, 2026 for conduct on or after that date.
• Presumptive and mandatory felony terms (AS 12.55.125(f), (g), (l)): the active term may not be suspended below the low end of a presumptive range or below a mandatory term, as described above.
• Misdemeanor mandatory minimums (AS 12.55.135(e), (i)): probation may not be granted until the minimum term is served.

A probation officer may recommend early discharge once the defendant has completed at least two years on probation for a class A or class B felony, or 18 months for other crimes (in each case excluding the crimes listed in AS 12.55.090(g)(4)), if the other conditions of AS 12.55.090(g) are met. "The court shall discharge the defendant from probation upon completion of the period of probation" (AS 12.55.090(m)). Probation is complete when time served plus compliance credits earned under AS 33.05.020, 10 days for each 30-day period of compliance, equals the period imposed (AS 12.55.090(m), 33.05.020(h)). Probationers on probation for an unclassified felony, a sex offense, a felony crime against a person under AS 11.41 or a crime involving domestic violence that is an offense under AS 11.41 may not be enrolled in the credit program (AS 33.05.020(i)).

What happens on a probation violation in Alaska

"When sentence has been suspended, it may not be revoked except for good cause shown," and in every revocation proceeding "the defendant is entitled to reasonable notice and the right to be represented by counsel" (AS 12.55.110(a)). Good cause is established if the defendant violated a court order to participate in or comply with the treatment plan of a rehabilitation program under AS 12.55.015(a)(10) (AS 12.55.110(b)).

After arrest, the probationer is taken before the court, which, "Except as provided in AS 12.55.090(f), ... may revoke the probation and require the probationer to serve the sentence imposed or any lesser sentence and, if imposition of sentence was suspended, may impose any sentence that might originally have been imposed, subject to the limitation specified in AS 12.55.086(c)" (AS 33.05.070(b)). Subsections (c) through (h) of AS 12.55.110 were repealed in 2019 (sec. 138, ch. 4 FSSLA 2019), and the remaining revocation provisions in AS 12.55.110 and AS 33.05.070 set no fixed jail limit for a technical violation. The Department of Corrections also runs an administrative sanction and incentive program for responding to probation violations (AS 33.05.020(g)).

Recent changes: House Bill 239 (2026)

House Bill 239 became chapter 9, SLA 2026, and took effect July 1, 2026 (sec. 94). Its sentencing amendments to AS 12.55.078(f), 12.55.085(f), 12.55.125(b), (d) and (i), 12.55.145(a), 12.55.155(c) and 12.55.185(16) "apply to sentences imposed on or after the effective date of those sections for conduct occurring on or after the effective date of those sections" (sec. 88(b)). Conduct before July 1, 2026 is sentenced under the earlier text. The act:

• raised the child-victim age from 16 to 18 in the 20-year minimum for second degree murder of a child (AS 12.55.125(b)) and in the 2 to 4 year class B range for AS 11.41.130 (AS 12.55.125(d)(2)(A)), and in the rule counting out-of-state lewd-act convictions as prior sexual felonies (AS 12.55.145(a)(4)(B)) and the domestic violence aggravator for a child present (AS 12.55.155(c)(18)(C));
• added AS 11.61.121 and 11.61.122 to the offenses barred from a suspended imposition of sentence (AS 12.55.085(f));
• added generated obscene child sexual abuse material offenses to the definition of "sexual felony" (AS 12.55.185(16)) and to the cross-references in AS 12.55.125(i);
• amended the consecutive-sentencing rules in AS 12.55.127(c) and (d), the prior-conviction rules in AS 12.55.145(a) and a child-victim aggravator in AS 12.55.155(c);
• made failing to render aid after a crash causing injury a class B felony and after a crash causing death a class A felony (AS 28.35.060(c), (d)).

Sections 56, 57 and 68 to 71 of the act take effect January 1, 2027 (sec. 92).

Federal firearms consequence

Federal law bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year" (18 U.S.C. 922(g)(1)), and what counts as a conviction is determined under the law of the convicting jurisdiction (18 U.S.C. 921(a)(20)). Alaska's misdemeanors carry no more than one year (AS 11.81.900(a)(40)). 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 legal issues

Where an offense lands in these classes depends on the statute that defines it. The Alaska theft laws page shows how theft is graded into these classes, and the Alaska assault and battery laws page does the same for assault. Setting aside or sealing a conviction is covered on the Alaska expungement laws page, and time limits for bringing felony charges are on the Alaska statute of limitations page.

Related pages

• Felony and misdemeanor classes by state
• Alaska theft laws
• Alaska assault and battery laws
• Alaska expungement laws
• Alaska statute of limitations

Disclaimer: This article provides general legal information about Alaska's crime classification, sentencing and probation statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Alaska.

Last updated: 2026-10-17.

Frequently Asked Questions

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

A felony is a crime for which a sentence of imprisonment for a term of more than one year is authorized, and a misdemeanor is a crime for which more than one year may not be imposed (AS 11.81.900(a)(26), (40)). The test turns on the term the law authorizes, not the sentence a court actually gives.

What are the felony classes in Alaska?

Alaska has unclassified felonies (such as murder and kidnapping, with terms of up to 99 years) and class A, B and C felonies with maximums of 20, 10 and 5 years (AS 11.81.250(a), 12.55.125). Within those maximums, the sentence must generally fall in a presumptive range set by the number of prior felony convictions, and repeat-offender and sexual-felony rules can raise it, to up to 99 years for a sexual felony of any class (AS 12.55.125(i)).

What is a class A misdemeanor in Alaska?

A class A misdemeanor carries up to one year in jail and, unless the law defining the offense provides otherwise, a fine of up to $25,000 (AS 12.55.135(a), 12.55.035(b)(5)). Some offenses carry minimum jail terms, such as repeat domestic violence fourth degree assault (AS 12.55.135(g)). A misdemeanor defined outside Title 11 with no stated penalty is a class A misdemeanor (AS 11.81.250(c)).

What is a class B misdemeanor in Alaska?

A class B misdemeanor carries up to 90 days unless the law defining the offense specifies otherwise, and a fine of up to $2,000 unless that law provides otherwise (AS 12.55.135(b), 12.55.035(b)(6)).

Is a violation a crime in Alaska?

No. A violation is a noncriminal offense punishable only by a fine, not by imprisonment or other penalty (AS 11.81.900(a)(69)), and the fine for an individual is up to $500 unless the law defining the offense provides otherwise (AS 12.55.035(b)(7)).

Does Alaska have wobblers?

The class of each Alaska offense is fixed in the section defining it (AS 11.81.250), and the felony and misdemeanor sentencing sections do not let a court treat a felony as a misdemeanor. For some first felony convictions a court may suspend imposition of sentence and, on discharge, set aside the conviction (AS 12.55.085(e), 12.55.125(d)(1), (e)(1)).

How long is probation in Alaska?

Probation, together with any extension, may not exceed 25 years for a felony sex offense or 10 years for any other offense (AS 12.55.090(c)). Sexual felonies require minimum probation of 15, 10 or 5 years depending on class (AS 12.55.125(q)). Probationers earn compliance credits of 10 days per 30-day period of compliance that shorten probation, but not those on probation for an unclassified felony, a sex offense, a felony crime against a person or a domestic-violence crime that is an offense under AS 11.41 (AS 12.55.090(m), 33.05.020(h), (i)).

What happens if you violate probation in Alaska?

A suspended sentence may be revoked only for good cause shown, with reasonable notice and the right to counsel (AS 12.55.110(a)). On revocation, except as AS 12.55.090(f) provides, the court may require the probationer to serve the sentence imposed or any lesser sentence, or, if imposition was suspended, impose any sentence that might originally have been imposed, subject to AS 12.55.086(c) (AS 33.05.070(b)).

How do prior felonies affect a sentence in Alaska?

Each prior felony moves the defendant into a higher presumptive range: a class B felony runs 1 to 3 years for a first felony conviction (higher for some listed offenses), 3 to 7 for a second and 6 to 10 for a third (AS 12.55.125(d)). A defendant convicted of an unclassified or class A felony with two or more prior most serious felonies must receive 99 years (AS 12.55.125(l)).