Alabama Now Has A Class “D” Felony

Alabama now has a Class “D” felony. Historically, Alabama has classified felonies as Class “A”, Class “B”, and Class “C”. With the prison reform bill proposed to be effective 1/30/2016, a Class “D” felony was introduced. Appropriate sections of the code follow:

Code of Alabama § 13A-5-11. Fines; felonies.

(a)  A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:

(1)  For a Class A felony, not more than $60,000;

(2)  For a Class B felony, not more than $30,000;

(3)  For a Class C felony, not more than $15,000;

(4)  For a Class D felony, not more than $7,500; or

(5)  Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(b)  As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.

(c)  The court may conduct a hearing upon the issue of defendant’s gain or the victim’s loss from the crime according to procedures established by rule of court.

(d)  This section shall not apply if a higher fine is otherwise authorized by law for a specific crime.

Code of Alabama § 13A-5-3.

“(a) Offenses are designated as felonies, misdemeanors or violations.

“(b) Felonies are classified according to the relative seriousness of the offense into three four categories:

“(1) Class A felonies;

“(2) Class B felonies; and

“(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.

Code of Alabama § 13A-5-6.

“(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

“(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

“(2) For a Class B felony, not more than 20 years or less than 2 years.

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9.

(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8.

“(4)(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 criminal sex offense involving a child as defined in Section 15-20-21(5) 15-20A-4, not less than 20 years.

“(5)(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 criminal sex offense involving a child as defined in Section 15-20-21(5) 15-20A-4, not less than 10 years.

“(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law

“(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20-25.3 15-20A-19, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5) 15-20A-4, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant’s release from incarceration

“(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.