Ever Wondered What the Sentence Difference Is for a Misdemeanor and a Felony in Alabama?
Understanding Criminal Sentencing, Penalties, and Your Rights
By Paul A. Seckel, Attorney at Law
Posted July 20, 2015 — Updated for 2025
When you or someone you love is facing criminal charges in Alabama, understanding the difference between a misdemeanor and a felony is essential. The penalties vary widely — from fines and probation to lengthy prison terms — and the consequences can last a lifetime.
At Guntersville Law, LLC, our attorneys have represented clients in hundreds of misdemeanor and felony cases across North Alabama. We explain every step of the legal process, fight to protect your rights, and work to minimize or eliminate the penalties you face.
What Is the Difference Between a Misdemeanor and a Felony in Alabama?
Under Alabama law, misdemeanors are considered less serious offenses — often involving shorter jail terms or fines — while felonies carry much harsher sentences, including time in state prison and long-term collateral consequences such as loss of voting rights or gun ownership.
However, both types of charges can permanently affect your criminal record, your employment opportunities, and your future.
Misdemeanor Sentences in Alabama
Under Section 13A-5-7 of the Alabama Code, misdemeanor convictions carry definite jail terms served in the county jail or at hard labor for the county.
Classes of Misdemeanors
Class A Misdemeanor: Up to 1 year in jail and/or fines up to $6,000
Class B Misdemeanor: Up to 6 months in jail and/or fines up to $3,000
Class C Misdemeanor: Up to 3 months in jail and/or fines up to $500
Violations: Up to 30 days in jail and/or fines up to $200
Common Misdemeanor Offenses
DUI (first or second offense)
Simple assault or harassment
Shoplifting or petty theft
Disorderly conduct
Possession of marijuana (first offense)
Criminal mischief (minor property damage)
Even though misdemeanors may seem “minor,” they can still have serious consequences — including a permanent criminal record, loss of employment, suspension of your driver’s license, or professional discipline.
An experienced attorney can often help you negotiate reduced charges, seek pretrial diversion, or have your case dismissed or expunged under Alabama law.
Felony Sentences in Alabama
Felony offenses are the most serious crimes under Section 13A-5-6 of the Alabama Code. A felony conviction may result in a lengthy prison sentence, high fines, loss of civil rights, and severe social stigma.
Classes of Felonies
Class A Felony: 10 to 99 years or life imprisonment; fines up to $60,000
Class B Felony: 2 to 20 years; fines up to $30,000
Class C Felony: 1 year and 1 day to 10 years; fines up to $15,000
Class D Felony: 1 year and 1 day to 5 years; fines up to $7,500
Common Felony Offenses
Burglary and robbery
Drug trafficking or manufacturing
Aggravated assault or attempted murder
Theft of property over $2,500
Felony DUI (third or subsequent offense)
Child exploitation or sex crimes
White-collar crimes such as fraud or embezzlement
Enhanced Sentences and Special Circumstances
Alabama law imposes enhanced penalties when aggravating factors are present, such as the use of a firearm, a child victim, or prior convictions.
Examples include:
Class A felony with a firearm: Minimum 20 years
Class B or C felony with a firearm: Minimum 10 years
Class A sex offense involving a child: Minimum 20 years
Class B sex offense involving a child: Minimum 10 years
Sex offense involving a victim aged 6 or younger (offender 21+): Life imprisonment without parole
Additionally, offenders convicted of certain sexually violent crimes must serve a minimum of 10 years of post-release supervision after release from prison.
Sentencing Enhancements Under the Habitual Felony Offender Act
If you have prior felony convictions, you may face sentencing under Alabama’s Habitual Felony Offender Act (HFOA). This law allows prosecutors and judges to increase penalties dramatically for repeat offenders.
For example:
A second Class C felony may carry the penalty range of a Class B felony.
A third felony conviction can elevate the sentence range even higher.
An experienced criminal defense attorney can review your record and determine whether enhancements apply — and how to challenge them.
Alternative Sentencing and Probation
Not every case results in jail time. Alabama law allows judges to consider probation, community corrections, drug court, or pretrial diversion for eligible defendants.
These options may help you:
Avoid incarceration
Complete treatment or rehabilitation programs
Perform community service
Keep a conviction off your permanent record
Our firm routinely negotiates with prosecutors to help clients qualify for these alternatives, especially for first-time offenders or non-violent crimes.
Why Legal Representation Matters
Sentencing in Alabama is not automatic — judges have discretion, and the facts of your case matter. Without experienced counsel, you could face the maximum penalties even for a first offense.
At Guntersville Law, LLC, we:
Thoroughly investigate your charges and evidence
Identify legal defenses and procedural errors
Negotiate plea agreements or reduced sentences
Advocate for probation or alternative sentencing
Protect your constitutional rights in every hearing
Our goal is to minimize your exposure to jail time and help you move forward with your life.
Schedule a $100, 30-Minute Consultation
If you’ve been charged with a misdemeanor or felony in Alabama, you need an attorney who understands the local courts and knows how to protect your freedom.
For just $100, you can schedule a 30-minute confidential consultation with an experienced criminal defense lawyer at Guntersville Law, LLC.
📞 Call 256-571-1529 today to schedule your consultation.
We represent clients in Guntersville, Marshall County, Albertville, Arab, Boaz, and surrounding areas across North Alabama.