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First Degree Felony in Alabama
In Alabama, a first-degree felony is a non-capital offense (not punishable by death or life sentence without parole) crime that is equivalent to a Class A felony. Class A felonies typically comprise violent crimes such as murder, first-degree kidnapping, first-degree rape, first-degree robbery, first-degree arson, aggravated child abuse, and shooting into an occupied vehicle or dwelling. Alabama is one of the US states that uses a class system—Class A, B, C, and D—for felony crimes, rather than a degree system like first, second, or third-degree. Under the state’s law, Class A felonies are the most severe crimes that threaten public safety and, as a result, carry the harshest punishments.
Individuals convicted of a Class A felony may face life imprisonment, or a term of not more than 99 years and not less than 10 years (§ 13A-5-6). The State of Alabama considers Class A felonies to be severe crimes with potentially serious effects on victims and society. Therefore, its strict approach to these offenses is reflected in the sentences imposed. The classification of felony crimes is detailed in Alabama Code § 13A-5-3, which specifies how the state categorizes offenses.
Due to the severity of Class A (first-degree) felonies, such crimes typically stay on an offender's record forever with little or no chance of expungement. Understanding how these types of crimes work is essential for recognizing their significant social, financial, and legal consequences.
Public Access to Class A (First Degree) Felony Records in Alabama
By the Alabama Code Section 36-12-40, Alabama's Class A felony records are accessible to residents unless otherwise stated by state law or court order.
Alabama residents may obtain publicly available Class A felony records through AlacourtAccess (online portal), in person, or via mail from a relevant Clerk of Court. Eligible requesters may also access felony records through private third-party databases.
Note: Sealed or confidential records, such as juvenile information, juror records, or mental health records, are usually inaccessible through official sources except with a court order.
Access Methods
- Online Access: The Alabama Judicial System's AlacourtAccess offers on-demand access to state trial court records, including public Class A felony records. Searches by name and case number cost $9.99 for the first case detail and an additional $9.99 for each subsequent case.
- In-person or mail through the Clerk of Court: Identify the clerk of the circuit or district court where the felony case was filed. Visit the office in person or send a mail request, including parties' names, case number or date, and pay any required fees. Some records may require an appointment.
- Third-Party Online Search: Inquirers may also access Alabama's Class A felony records through third-party websites for a fee. These platforms provide easy access to publicly available felony records. However, it’s important to note that third-party sites operate independently of government agencies, so the availability and accuracy of records on these platforms cannot be guaranteed.
| Access Type | Availability | Cost | Records Accessible | In-Person Needed? |
|---|---|---|---|---|
| AlacourtAccess | Statewide | Approx. $9.99 per case | Criminal and civil case files | No (online) |
| Clerk of Court | Local (by county) | Nominal fees | Case files, transcripts, certified copies | Sometimes |
| Third-Party Sites | Online | Varies (may charge) | Aggregated court/arrest records | No, but unreliable |
Common Crimes Classified as Class A (First Degree) Felonies in Alabama
Offenses commonly categorized as Class A felonies in Alabama include first-degree rape, first-degree kidnapping, first-degree robbery, and first-degree burglary, among others.
According to the National Incident-Based Reporting System (NIBRS) crime statistics, Alabama law enforcement agencies recorded 15,337 cases of aggravated assault in various locations across the state between January and December 2024. A breakdown of the figures showed that most cases (63%) happened in homes or residential buildings, while 14% (2,140) occurred on highways and roads. Other locations include parking lots and garages (716), unknown sites (450), and jails/prisons (432), accounting for 5%, 3%, and 3%, respectively.
| Crime | Brief Description |
|---|---|
| First-degree kidnapping | This occurs when an individual abducts another person with the intent of using them for ransom, as a hostage or shield, to aid in committing or escaping a felony, to cause harm or sexual abuse, to terrorize, or to obstruct government functions (§ 13A-6-43). |
| First-degree rape |
A person is guilty of rape in the first degree if they: 1. engage in sexual intercourse with someone by force 2. have sex with an individual physically or mentally incapable of consenting to sex, or 3. an adult (over 16 years) having sexual intercourse with a child under 12 years of age (§ 13A-6-61). |
| First-degree robbery | This occurs when someone commits a theft using a deadly weapon or dangerous instrument, or causes serious physical injury to another individual (§ 13A-8-41). |
| First-degree burglary | Burglary in the first degree involves someone deliberately and illegally entering a house to commit a crime while armed with explosives or causing bodily injury to someone who is not involved in the crime (§ 13A-7-5). |
Prison Sentences and Fines for First Degree Felonies in Alabama
In Alabama, a Class A felony may lead to a prison sentence of 10 to 99 years or life in prison. If the felony involves a deadly weapon or firearm, the minimum sentence is 20 years. Multiple felony convictions may also result in life imprisonment without the possibility of parole.
Regarding fines, Alabama Code § 13A-5-11 limits penalties for Class A felonies to $60,000 or up to double the defendant's gain or the victim's loss, whichever is greater.
| Alabama First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| First-Degree Rape | 10–99 years or life; minimum 20 years if the victim is under 6 | Up to $60,000 or double the defendant’s gain/victim’s loss |
| First-Degree Kidnapping | 10–99 years or life | Same as above |
| First-Degree Robbery | 10–99 years or life; minimum 20 years if firearm used | Same as above |
| First-Degree Burglary | 10–99 years or life; enhanced if weapon/injury involved | Same as above |
| Murder (non-capital) | 10–99 years or life | Same as above |
What is the Maximum Sentence for a Class A (First Degree) Felony in Alabama?
Under Alabama law (§ 13A-5-6), the maximum sentence for a Class A (first-degree) felony is life imprisonment. This is the highest punishment individuals convicted of this offense may face aside from crimes that mandate the death penalty or life imprisonment (capital offenses).
Using a deadly weapon or firearm or committing a sexual crime against a child are aggravating factors that may increase the stipulated minimum prison sentence to 20 years. Still, life imprisonment remains the maximum sentence for a Class A felony.
What is First Degree Murder in Alabama?
Alabama does not classify murder crimes into different degrees. Instead, deliberate killings, reckless killings, killings committed during other felonies, and all murders are considered Class A felonies unless they qualify as capital offenses. (Alabama Code § 13A-6-2).
In Alabama, the penalties for murder differ based on the circumstances of the crime, such as the method used and the victim’s age or status. The most serious murder charges, known as capital offenses, carry the death penalty or a life sentence without the possibility of parole. While a capital offense may result in the death penalty or life imprisonment, a criminally negligent homicide may lead to a one-year jail term and a $6,000 fine.
Capital murder, as outlined in § 13A-5-40, is a serious crime that often applies when committed during certain felonies (such as kidnapping, robbery, rape, or burglary) or against specific victims (like law enforcement officers). These crimes are typically punishable by death or life imprisonment without parole.
Can Class A (First Degree) Felony Records Be Sealed or Expunged in Alabama?
Sealing in Alabama typically entails limiting public access to records without completely destroying them. This process often applies to information like juvenile records, which are not available to the public but may be viewed by courts, law enforcement, and certain authorized entities. In Alabama, expungement is the official process of removing criminal records from public view. Going through the expungement process typically removes expungeable records from most databases except those of the Alabama Criminal Justice Information Services Division.
Class A (first-degree) felonies are not eligible for expungement under Alabama Code Title 15, Chapter 27. Only offenders whose cases were dismissed, not billed, acquitted, quashed, or dismissed through diversion—and who have waited a period (usually 90 days or more)—are eligible.
Since Class A felonies are generally severe, often violent crimes, they do not qualify for expungement. This overrides § 15-27-2(c), which allows expungement of non-violent and non-sexual convictions if the person received a pardon and waited at least 180 days. However, there are limited exceptions, such as for victims of human trafficking under § 15-27-2(b).
Difference Between First Degree and Second Degree Felonies in Alabama
Alabama does not classify felonies by degree. Instead, felonies are classified as A, B, C, and D. However, crimes in the Class A and Class B categories typically correspond to first-degree and second-degree felony crimes.
Class A (First-Degree) Felonies
These comprise the most serious non-capital offenses. This category includes violent and harmful crimes such as first-degree rape, first-degree kidnapping, and murder. Class A convictions have the harshest sentences short of the death penalty.
Individuals convicted of Class A felonies may face:
- 10 to 99 years, or life, in prison
- Fines up to $60,000
- The death penalty, in some instances
Class B (Second-Degree) Felonies
Offenses in this group are less severe than first-degree offenses. However, they are still serious crimes. Examples include manslaughter, first-degree assault, auto theft, and second-degree rape (statutory rape).
Individuals convicted of Class B felonies may face:
- 2 to 20 years in prison
- Fines up to $30,000
- Minimum sentence of 10 years (if deadly weapons are used).
| Felony Class | Sentence Range | Typical Offenses | Maximum Fine |
|---|---|---|---|
| Class A | 10 to 99 years or life | Most serious non-capital crimes (e.g., first-degree rape, kidnapping, and murder) | $60,000 (or double gain/loss) |
| Class B | 2 to 20 years | Serious, but less severe than Class A (e.g., second-degree assault, burglary, and theft) | $30,000 (or double gain/loss) |
Statute of Limitations for First Degree Felony Charges in Alabama
The statute of limitations sets a specific time limit for Alabama prosecutors to bring criminal charges for a particular crime. Having a statute of limitations for felony offenses, such as a Class A felony, helps maintain the integrity of evidence and the reliability of witness testimony.
In Alabama, there is no statute of limitations for capital offenses, such as different types of murder. Other felonies without a statute of limitations include crimes involving violence, serious injuries or death, sex offenses against victims under 16, and felonies related to arson, forgery, counterfeiting, or drug trafficking (§ 15-3-5).
Probation and Parole Eligibility for First Degree Felonies in Alabama
Individuals convicted of Class A felonies with sentences of 20 years or less may be eligible for probation under Alabama Code § 15-18-8. However, defendants convicted of sex crimes against a child are not eligible for probation under this provision. In instances where sentences are 15 years or less, a judge may order the imprisonment of a convicted person for up to three years and suspend the remaining term in favor of probation. For sentences of 15 to 20 years, the confinement period ranges from three to five years before the remaining term is suspended to probation.
Alabama Code § 15-22-28(e) outlines the requirements for parole by the Alabama Board of Pardons and Paroles. Under the law, individuals convicted of Class A felony on or after March 21, 2001, are eligible for parole after serving 85% of the sentence or 15 years, whichever is less. In contrast, all other convicted persons become eligible after serving one-third of their sentence or 10 years, whichever is less.
| Term | Definition | Eligible for First Degree Felons |
|---|---|---|
| Probation | If the sentence is 15 years or less, convicted persons are expected to spend up to 3 years in confinement. For individuals between 15 and 20 years old, the confinement period ranges from 3 to 5 years, followed by probation. Not available for child sex offenses. | Yes, but only if the sentence is 20 years or less and the offense is not a child sex crime. |
| Parole | Class A felony offenders are eligible for parole after serving 85% of the sentence or 15 years (whichever is less). Other offenders may be eligible after one-third of the sentence or 10 years, whichever comes first. Eligibility does not guarantee release, as the parole board has discretion. | Yes, but Class A felons must serve at least 85% of their sentence or 15 years. |
Impact of a First Degree Felony Conviction on Criminal Records in Alabama
In Alabama, Class A (first-degree) felonies are grave offenses that attract some of the harshest penalties. Convictions from Class A felonies typically result in serious and long-term consequences on an affected person's life and public record. Some of the long-term implications of having a Class A felony conviction are discussed as follows:
- Housing Challenges: Finding a place to live may pose considerable challenges following a conviction. Private landlords and public housing agencies frequently decline applications based on criminal backgrounds, making it challenging to find stable housing in Alabama.
- Loss of gun rights: Individuals with a criminal conviction may lose the right to own or possess guns. This may prove difficult if they operate in a field that needs them to carry a weapon.
- Employment: Having a criminal conviction on one's record may hinder employment opportunities. Many businesses conduct background checks, and a criminal conviction may bar former inmates from many career opportunities.
- Immigration: For non-U.S. citizens, a felony conviction may result in deportation or inadmissibility.
- Voting Rights: According to Alabama law, those convicted of certain felonies, including "moral turpitude", typically lose their ability to vote.