What are the penalties for a felony in Alabama?

Felony penalties in Alabama range from 1–5 years for the lowest class to life imprisonment for the most serious [§ 13A-5-6]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Alabama have a speedy trial requirement?

Alabama does not have a fixed-day speedy trial clock [§ 15-3-1]. No fixed timeline. Uses Barker v. Wingo balancing test: length of delay, reasons, defendant's assertion of right, and prejudice. Remedy is dismissal with prejudice.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 13A-5-6]. Misdemeanors carry county jail time (up to 1 year) [§ 13A-5-7]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Alabama Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Alabama?

Yes, for eligible offenses [§ 15-27-1 et seq.]. Waiting periods: 90 days (dismissed/acquitted); 3 years (misdemeanor conviction); 5 years (felony dismissed without prejudice). Filing fee: $500 per arrest. Violent offenses, sex offenses, and offenses involving moral turpitude are excluded. Unlimited expungements for non-convictions. Act 2024-407 expanded eligibility effective 10/1/2024.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Alabama.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Alabama Criminal Process — Step by Step Your Rights in an Alabama Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Alabama classifies criminal offenses §13A-5-6

Alabama divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: 10 years to life, up to $60,000 fine - Class B felony: 2–20 years, up to $30,000 fine - Class C felony: 1–10 years, up to $15,000 fine - Class D felony: 1–5 years, up to $7,500 fine

Misdemeanor classifications §13A-5-7

Class A misdemeanor: up to 12 months, $6,000 fine - Class B misdemeanor: up to 6 months, $3,000 fine - Class C misdemeanor: up to 3 months, $500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §13A-5-11 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §13A-5-7	State prison (1 year or more) §13A-5-6
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §15-27-1 et seq.	Fewer offenses eligible §15-27-1 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §15-10-3. Officers may arrest without a warrant for felonies committed in presence or on probable cause. Alabama Rules of Criminal Procedure Rule 4.1–4.4 govern arrest procedures and initial appearance. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Right to bail exists for all offenses except capital offenses where proof is evident. Alabama Constitution Art. 1, § 16 prohibits excessive bail. Advisory bail schedule exists (Rule 7.2(b)). Aniah's Law (2022) allows pretrial detention without bond for certain Class A felonies. §15-13-1 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Alabama.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §15-22-50 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Alabama has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §15-12-1 et seq.. Office of Indigent Defense Services (OIDS) provides counsel through public defender offices, appointed private attorneys, and contracts by judicial circuit.
Right to a speedy trial — Alabama does not set a fixed number of days for speedy trial §15-3-1. No fixed timeline. Uses Barker v. Wingo balancing test: length of delay, reasons, defendant's assertion of right, and prejudice. Remedy is dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Alabama: Misdemeanor: 2 years; Felony: 5 years §15-22-50 et seq..

⚠Alabama has a habitual offender law §13A-5-9. Habitual Felony Offender Act: 1 prior felony elevates punishment by one class; 3+ priors can result in life or LWOP. Out-of-state and federal convictions count.

Clearing your record

Alabama does allow certain criminal records to be sealed or expunged §15-27-1 et seq.. Waiting periods: 90 days (dismissed/acquitted); 3 years (misdemeanor conviction); 5 years (felony dismissed without prejudice). Filing fee: $500 per arrest. Violent offenses, sex offenses, and offenses involving moral turpitude are excluded. Unlimited expungements for non-convictions. Act 2024-407 expanded eligibility effective 10/1/2024.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §13A-12-212. Marijuana possession: Class A misdemeanor (personal use, first offense, §13A-12-214).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §13A-6-20 et seq.. Domestic violence offenses carry additional consequences including protective orders §13A-6-130 et seq..

Theft and property crimes

Classification depends on the value of property taken §13A-8-1 et seq.. Felony threshold: $500 (Class D felony for $500–$1,499).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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