Alabama Class B Misdemeanors

In Alabama, criminal acts are generally classified into three broad categories—felonies, misdemeanors, and infractions (or violations). Felonies are more serious crimes that require stricter sentences, while misdemeanors are less severe than violations.

Alabama Code § 13A-5-3 classifies misdemeanors into Class A, B, and C based on their severity and stipulated punishments. Class B Misdemeanors are not as serious as those in Class A, but they are more severe than Class C misdemeanors. These classifications are important because they impact the severity of a crime, the possible punishments, and other long-term repercussions.

Records of misdemeanors will typically be found in a person’s criminal records. Furthermore, the criminal justice system also maintains case records associated with misdemeanors that proceed to arraignment.

Common Examples of Class B Misdemeanors in Alabama

Under Alabama laws, the following crimes may be categorized as Class B Misdemeanors:

• Second-degree stalking: intentional and repeated harassments or contacts with another person or family member after a prior warning (§13A-6-90.1)
• Resisting arrest: the intentional prevention or attempt to prevent a peace officer from carrying out a lawful arrest (§13A-10-41)
• Menacing an individual: placing or attempting to place a person in fear of imminent danger or serious physical injury (§13A-6-23)
• Theft of cable TV service: obtaining or attempting to obtain cable service from a provider by fraudulent means (§13A-8-121)
• Tampering with a witness: inducing a witness/potential witness to testify falsely, withhold information, or boycott a legal summons (§13A-10-124)
• Open house party: hosting an open house party where alcoholic beverages or controlled substances are illegally served or possessed by persons less than 21 years (§13A-11-10.1)
• Cruelty to animals: recklessly or criminally subjecting an animal to cruel torture, neglect, or death without cause (§13A-11-14)
• Unlawful assembly: gathering or attending an assembly of five or more persons with the intent of committing a crime of riot (§13A-11-5)
• Mimicking legal process: delivering or causing to be delivered a demand or payment/property in a form that mimics a legal process (§13A-10-131)
• Criminal mischief in the third degree: intentionally damaging property worth $500 without reasonable cause (§13A-7-23)

The crime types outlined above may be assigned the penalties prescribed for Class B Misdemeanors according to state laws. Note that the list of crimes provided above is not exhaustive and their possible penalties may vary by jurisdiction and circumstance. However, it is important to clarify the crime category and resultant penalties from a legal professional or a court clerk's office.

Statute of Limitations for Class B Misdemeanors in Alabama

Alabama’s statute of limitations for misdemeanors (including those in Class B) is twelve months (Alabama Code Section 15-3-2). Prosecutors and plaintiffs are expected to file charges within twelve months of the date the incident occurred. Failure to file a charge within the stipulated statute of limitations may attract legal penalties such as having the filed case(s) dismissed in Court. There may be certain exceptions to the prescribed statute of limitations for Class B Misdemeanors in Alabama. For instance, cases related to domestic violence, DUI, or traffic offenses may have an extended statute of limitations based on the crime severity and other legal technicalities.

Legal Penalties for Class B Misdemeanors in Alabama

In Alabama, Class B Misdemeanors typically attract legal consequences ranging from jail time to fines, probation, restitution, community service, and rehabilitation programs.

Per Sections 13A-5-7 and 13A-5-12 of the Alabama Code, a Class B misdemeanor is generally punishable by jail time not more than six months and a fine not exceeding $3,000. A court may also decide to fine the defendant an amount that is not more than twice the pecuniary gain. For DUI and traffic-related offenses, a court may order license suspension or vehicle impoundment. The legal penalties associated with Class B Misdemeanors are not one-size-fits-all, as they may vary depending on the case's peculiarity and the discretion of the deciding court.

Other long-term consequences for Class B misdemeanors may include the inability to secure certain employment or educational opportunities, loss of professional licenses/membership, difficulty in obtaining rental agreements, and disqualification from beneficial housing and loan programs.

Court Process for Class B Misdemeanors in Alabama

The typical court process for a Class B misdemeanor in Alabama is outlined below:

• Arrest: This may be as a result of an officer taking a person into custody or following the issuance of a citation, complaint, or summons. Depending on the situation surrounding the case, an arrest warrant against the defendant may be issued or a citation containing the date and time for an initial appearance(arraignment) may be served to the defendant.
• Arraignment: Once an arrest is made or a summons is served, the next step would be arraignment. Arraignment simply means to appear before a judge in the presiding court to hear the filed charges, including their possible penalties, and enter a plea.
• Plea: A plea is a formal statement made on behalf of a defendant in response to filed charges stating their guilt or innocence. If the defendant pleads "guilty", there will be no trial, and the judge may proceed to sentence (penalty for the offense written in a judgment) the defendant according to state laws. If the plea is “not guilty”, a date for a court or jury trial is set to decide the case.
• Trial & Sentencing: During the trial, the judge or jury reviews the presented evidence to determine the defendant's guilt or innocence. If the defendant is found guilty after the trial, a sentence is entered by the judge. In a case where the defendant is not guilty, the judge acquits the defendant and absolves them of all possible punishments for the filed charges.

It is important to note that the court process described above is not legal advice as there may be variations in the processes across the local court houses. Verify the relevant court procedures for a specific Class B misdemeanor from the local court clerk or an attorney in Alabama.

How Class B Misdemeanors Affect Your Criminal Record in Alabama

The criminal justice agencies in Alabama create criminal records for filed charges including Class B misdemeanors. Having a misdemeanor on one's criminal record may limit one’s privileges and opportunities, as these records are generally public and may be reviewed during background checks or official assessments. For instance, most landlords/lessors may not rent or lease a property to persons with a misdemeanor record. In addition, some educational institutions may reject a record holder’s application due to a Class B misdemeanor featured on their criminal records.

The effects of a Class B misdemeanor on one's criminal record may differ depending on the regulatory statutes and the record-keeping policy of the record custodian. Generally, a Class B misdemeanor record may remain permanently on one's criminal records history in Alabama unless they are sealed or expunged under State laws. Expungement and sealing in Alabama are governed by statutes and may not be available for all cases. However, most record custodians have stipulated record retention and disposal periods for Class B Misdemeanors after which such records may not be publicly available.

Differences Between Class B Misdemeanors and Other Offenses in Alabama

• Severity: In Alabama, Class B misdemeanors differ in severity from Class A or C misdemeanors, felonies, and violations. They are more severe than violations and Class C misdemeanors but not as serious as Class A misdemeanors or felonies. The possible penalties attached to Class B misdemeanors under state statutes are also different from those prescribed for other offenses. Each offense is assigned possible punishments or sentences based on the crime severity and classification.
• Punishment: A Class B misdemeanor is typically punishable by a jail time of about six months and a fine of $3,000 or less whereas Class A misdemeanors may attract jail time of one year and a fine not exceeding $6,000. In contrast, the penalties for Class C Misdemeanors may include a jail time of three months and a fine of $500. Felonies, on the other hand, usually have stricter sentences ranging from jail time of one year and a day to 99 years or life imprisonment, depending on the class. The fines attached to felonies are also weightier, with a minimum limit of $7,500 and a maximum limit of $60,000 based on the felony class. The potential punishments for violations in Alabama typically include jail time not more than 30 days and a fine of $200 or less.

How to Check for Class B Misdemeanors in Alabama Court Records

The District Courts in Alabama have original jurisdiction over Class B misdemeanors and all types of misdemeanor cases. A search for Class B misdemeanor court records may commence at the district courthouses. To begin a search, the searcher may need to identify the specific courthouse handling the case and visit in person or search online repositories.

Note that the procedures and costs for accessing court records in person may vary depending on the jurisdiction and record custodian. It might be helpful to contact the custodian directly to verify search requirements. Concerned persons may search for Class B misdemeanors in court records by utilizing the following options:

• In-person visits to the clerk's office: Interested persons may visit the clerk's office in a relevant court to request access to court records in their custody. Fees may apply to obtaining copies of records
• Submitting requests to the Alabama Secretary of State’s Office: the SOS provides public court records to interested persons who submit requests via the provided channels at $1 per page aside from other outside costs incurred
• Search the Alacourt Access Portal: this is the statewide official online portal for trial court records in Alabama. One may conduct a name or case number search on this portal for $9.99 per search. Additional costs include $19.99 for life monitoring of district court cases, $5 per image for the first 20 pages and $0.50 per page subsequently.

Can a Class B Misdemeanor Be Expunged or Sealed in Alabama?

Yes, per Alabama Code §15-27-1. Persons convicted of Class B misdemeanors may file a petition to expunge their records provided they meet the eligibility requirements. To qualify for expungement, a misdemeanor must satisfy the outlined requirements:

• All sentences must have been completed
• Payment has been made for all court-ordered fines, fees and restitutions
• Parole and probation conditions have been met
• The waiting period of three years has elapsed
• No misdemeanor or criminal charge was entered within the three-year waiting period
• The offense is not among those excluded from expungement (i.e it is not violent, sex related or a serious DUI, etc.)

Expunging a record makes such a record non-existent and unavailable for public inspection. This helps record subjects clear their records and reclaim their social status and lost civil rights/privileges. A cleared record may qualify the subject for affordable housing programs, better employment, or certain educational opportunities.