Criminal penalties in Alabama
Checked in October 2026 against the Code of Alabama 1975, Title 13A and Title 32.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Alabama sets penalties
- Alabama sorts felonies into Classes A, B, C and D (Code of Alabama § 13A-5-6). Class A: life or 10 to 99 years. Class B: 2 to 20 years. Class C: 1 year and 1 day to 10 years. Class D: 1 year and 1 day to 5 years.
- Fines for felonies run up to $60,000 (Class A), $30,000 (Class B), $15,000 (Class C) and $7,500 (Class D), or twice the gain or loss if that is greater (§ 13A-5-11).
- A Class A misdemeanor carries a definite term of up to one year in the county jail (§ 13A-5-7). Alabama's misdemeanor fine schedule was not read for this table, so no fine is shown for misdemeanors.
- Some offences carry mandatory minimums beyond the class range (for example, first-degree arson, not less than 20 years). Where this table shows a minimum, it is the statutory one for that offence.
- Alabama has a single offence of murder (§ 13A-6-2) and a separate list of capital offences (§ 13A-5-40). This table maps the capital offence to the "first degree" row and ordinary murder to the "second degree" row.
- Habitual-offender enhancements can raise these ranges. This table shows first-offence ranges.
Death penalty: Yes. Capital murder (a murder committed during a kidnapping, robbery, rape, burglary and other listed circumstances, or the murder of an on-duty police officer, among others) is punished by death or life imprisonment without parole, decided at a separate sentence hearing (Code of Alabama §§ 13A-5-40, 13A-5-45). A defendant who shows he or she was under 18 at the time of the offence faces life, or life without parole, instead (§ 13A-5-39).
First-degree murder
Death or life imprisonment without parole (capital murder)
Capital murder (a murder committed in listed circumstances, for example during a first-degree kidnapping, robbery, rape or burglary, or of an on-duty police officer) (Capital offence)
- Least
- Life imprisonment without parole
- Most
- Death
Alabama has no degrees of murder. Capital murder is murder committed in the circumstances listed in § 13A-5-40(a).
Second-degree murder
10 to 99 years, or life (Class A)
Murder (intent to cause death; extreme indifference to human life; or a death caused in the course of a listed dangerous felony) (Class A felony)
- Least
- 10 years
- Most
- Life imprisonment or up to 99 years
- Fine
- Up to $60,000, or twice the gain or loss
Voluntary manslaughter
2 to 20 years (Class B)
Manslaughter (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Manslaughter includes a killing under the influence of a sudden heat of passion caused by provocation, and a reckless killing. Criminally negligent homicide is a Class A misdemeanor (up to one year).
Robbery
1 year and 1 day to 10 years (third degree) up to life or 99 years (first degree)
Robbery in the third degree (Class C felony)
- Least
- 1 year and 1 day
- Most
- 10 years
- Fine
- Up to $15,000, or twice the gain or loss
Robbery in the second degree (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Robbery in the first degree (Class A felony)
- Least
- 10 years
- Most
- Life imprisonment or up to 99 years
- Fine
- Up to $60,000, or twice the gain or loss
Burglary
1 year and 1 day to 10 years (third degree) up to life or 99 years (first degree)
Burglary in the third degree (Class C felony)
- Least
- 1 year and 1 day
- Most
- 10 years
- Fine
- Up to $15,000, or twice the gain or loss
Burglary in the second degree (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Burglary in the first degree (Class A felony)
- Least
- 10 years
- Most
- Life imprisonment or up to 99 years
- Fine
- Up to $60,000, or twice the gain or loss
Arson
Up to one year (third degree) up to life or 99 years, and not less than 20 years (first degree)
Arson in the third degree (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year in the county jail or at hard labour for the county
Arson in the second degree (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Arson in the first degree (intentionally damaging a building while another person is present, knowing it or where it is a reasonable possibility) (Class A felony)
- Least
- 20 years (mandatory minimum)
- Most
- Life imprisonment or up to 99 years
- Fine
- Up to $60,000, or twice the gain or loss
The sentence must be not less than 20 years, and must run consecutively with any other sentence for an offence arising out of the same facts.
Aggravated assault
1 year and 1 day to 10 years (second degree) up to 20 years (first degree)
Assault in the second degree (Class C felony)
- Least
- 1 year and 1 day
- Most
- 10 years
- Fine
- Up to $15,000, or twice the gain or loss
Assault in the first degree (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Rape and sexual assault
2 to 20 years (second degree) up to life or 99 years (first degree)
Rape in the second degree (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Rape in the first degree (Class A felony)
- Least
- 10 years
- Most
- Life imprisonment or up to 99 years
- Fine
- Up to $60,000, or twice the gain or loss
Where the victim of first-degree rape is under 12, the sentence is determined under the capital-sentencing article, and a life sentence there requires at least 30 years before parole consideration.
Kidnapping
2 to 20 years (second degree) up to life or 99 years (first degree)
Kidnapping in the second degree (abducting a person using, or with intent to use, deception, physical force or deadly physical force) (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
Kidnapping in the first degree (abducting a person with one of the listed intents) (Class A felony)
- Least
- 10 years
- Most
- Life imprisonment or up to 99 years
- Fine
- Up to $60,000, or twice the gain or loss
Embezzlement
Up to one year (misdemeanor) up to 20 years (Class B) by value
Theft of property in the fourth degree (up to $500) (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year in the county jail or at hard labour for the county
Theft of property in the third degree (over $500 and up to $1,499) (Class D felony)
- Least
- 1 year and 1 day
- Most
- 5 years
- Fine
- Up to $7,500, or twice the gain or loss
Theft of property in the second degree ($1,500 to $2,500) (Class C felony)
- Least
- 1 year and 1 day
- Most
- 10 years
- Fine
- Up to $15,000, or twice the gain or loss
Theft of property in the first degree (over $2,500) (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
The sections read here have no separate embezzlement offence. The nearest is theft of property, graded by value. Fourth degree: up to $500, Class A misdemeanor. Third degree: over $500 and up to $1,499, Class D felony. Second degree: $1,500 to $2,500, Class C felony. First degree: over $2,500, or property of any value taken from the person, Class B felony.
Forgery
Up to one year (fourth degree) up to 20 years (first degree)
Forgery in the fourth degree (falsely making, completing or altering a written instrument with intent to defraud) (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year in the county jail or at hard labour for the county
Forgery in the second degree (Class C felony)
- Least
- 1 year and 1 day
- Most
- 10 years
- Fine
- Up to $15,000, or twice the gain or loss
Forgery in the first degree (stamps, securities or other instruments issued by a government, or stock and bonds of a business) (Class B felony)
- Least
- 2 years
- Most
- 20 years
- Fine
- Up to $30,000, or twice the gain or loss
The third degree of forgery was not read for this table.
Drunk driving, first offence
Up to one year in jail, a fine of $600 to $2,100, or both; licence suspended for 90 days
Driving or being in actual physical control of a vehicle under the influence, first conviction (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year in the county jail or at hard labour for the county
- Fine
- $600 to $2,100, or both a fine and imprisonment
On a first conviction the licence is suspended for 90 days. The suspension is stayed if the offender has an approved ignition interlock device installed and operating for 90 days.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alaska.
