What is a Second Degree Felony in Alabama?

The Alabama Criminal Code, section 13-A-5-3, classifies felony offenses in four key categories based on their severity. Felony offenses are ranked from a Class A felony, the most severe type, to a Class D felony. A second-degree felony is always a Class B or a Class C felony. Section 13A-6-21 expressly states that an assault in the second degree is a Class C Felony.

Second-degree felonies are a tad less severe than offenses classified as a Class A felony (murder, rape, drug trafficking, arson, and domestic violence in the first degree) but more serious than Class D felonies (credit card fraud, theft in the third degree, possession of marijuana, and possession of controlled substances). The types of crimes that may constitute a felony in the second degree are determined by various sections of the Alabama Criminal Code.

Which Crimes Are Considered Second-Degree Felonies in Alabama?

Under the law in Alabama, the following offenses constitute second-degree felonies:

• Assault (AL Code § 13-A-6-21): A person commits the crime of assault in the second degree where, with the intent to cause physical injury to another person, he or she causes or recklessly causes serious physical injury to any person. An assault in the second degree is a Class C felony.
• Domestic Violence (AL Code § 13A-6-131): A person commits the crime of domestic violence in the second degree if the person commits the crime of assault, intimidation, stalking, burglary, or criminal mischief where the victim is a relative. These include a current or ex-partner, parent, step-relative, child, grandchild, grandparent, a present household member, or a co-parent. Domestic violence in the second degree is a Class B felony.
• Theft (AL Code § 13A-8-4): Theft of property in the second degree involves property valued between $1500 and $2500 that was not taken from the victim's direct possession or immediate area of control or presence. For example, a purse or laptop was stolen from the victim’s chair where they were seated. Theft of property in the second degree is a Class C felony.
• Rape (AL Code § 13A-6-62): A person commits the crime of rape in the second degree if the actor is 16 years old or older and they engage in sexual intercourse with another person who is 12 years of age or older but less than 16 years, where the actor is at least two years older than the other person (victim). Rape in the second degree is a Class B felony.
• Kidnapping (AL Code § 13A-6-44): A person commits the crime of kidnapping in the second degree if they abduct another person with the intent to use or threaten to use deadly force. Kidnapping in the second degree is a Class B felony.
• Escape (AL Code § 13A-10-32) A person commits the crime of escape in the second degree if he or she escapes or attempts to escape from a penal facility. Escape in the second degree is a Class C felony.

What is Second Degree Murder and How is it Classified in Alabama?

The Alabama Criminal Code does not recognize second-degree murder. In contrast, some other states in the US (like Pennsylvania, Florida, and New York) distinguish second-degree murder from first-degree murder by the absence of the elements of deliberation and premeditation. Premeditation is evidenced by prior planning and research, stalking, acquiring a weapon, observing the victim’s movement and location, and having a period to cool off and reflect before acting, but sticking by the intention to cause the death of another.

Second-degree murder occurs when an individual engages in an act that is dangerous to another, or acts in a manner that is so reckless that their behaviour shows clear disregard for human life. Such a state of recklessness is explained as having a depraved mind.

In simpler terms, second-degree murder occurs when a person causes the death of another intentionally or recklessly, or with the intention to cause serious bodily harm, knowing that such action might result in the death of another, but with no specific intent to kill. The impulsive act must have been sudden and in the heat of the moment, with no time to cool off and make a better judgment. An example is death caused during a heated argument or violent fight due to reckless behavior, driving at high speed in a crowded area, or driving under the influence of drugs or alcohol.

Under the law in Alabama, a person commits the crime of murder (AL Code § 13A-6-2) when they:

• Intentionally caused the death of another
• Recklessly engaged in conduct which shows extreme indifference and disregard for human life.
• Caused the death of another person during or when escaping from any crime they committed or attempted to commit.
• Caused the death of any public safety officer as a result of their arson.

A related but different offense is manslaughter. Per section 13A-6-3 of the Alabama Criminal Code, a person commits manslaughter if they recklessly cause the death of another or were moved to act by the provocative acts or words of the other person. Also, the charge of manslaughter may apply where a person who is not a licensed medical or health professional in their ordinary course of business sells, provides, gives, or delivers any controlled substance, thus leading to the death of the user. Manslaughter is a Class B felony, while murder is a Class A felony.

Alabama Second Degree Felonies Penalties and Punishments

The punishment or penalty for second-degree felonies depends on the class (Section 13A-5-6). Generally, the suspects face jail terms and/or fines. For second-degree class B felonies like domestic violence, burglary, or rape, the defendant may face a minimum sentence of two years and a maximum of twenty years in prison with up to $30,000 payable in fines. Class C felony offences in the second degree have less severe sentences. For instance, receiving stolen property, theft, and escape from law enforcement may incur an imprisonment term of not more than 10 years or less than a year and a day or a fine of up to $15,000.

These penalties generally become grave when a firearm or deadly weapon was used or the victim was a child. The law stipulates that the term of imprisonment shall be a minimum of ten years in those cases. Furthermore, in any case where the defendant is a sexually violent predator and is sentenced to a county jail or state prison, the sentencing judge shall impose a penalty of not less than 10 years of post-release supervision.

Also, prior offenders may face harsher penalties per section 13A-5-9 of the Alabama Criminal Code. If a criminal defendant has been formerly convicted of a Class A, B, or C felony, and afterwards commits another Class B or Class C second-degree felony, the following applies:

• For a Class B felony, a Class C conviction
• For a Class A felony, a Class B conviction

If the defendant has been previously convicted of two Class A, Class B, or Class C felonies and, after those convictions, has committed another Class B or Class C second-degree felony, the following applies:

• For a Class A felony on a Class C conviction, and
• By a term of imprisonment for life or any term not more than 99 years or less than 15 years on conviction of a Class B felony.

Where it has been shown that the defendant has been previously convicted of three Class A, Class B, or Class C felonies and, after those convictions, has committed another Class B or Class C second-degree felony, they will be punished thus:

• On a Class C felony conviction, life imprisonment or any term not more than 99 years or less than 15 years.
• On a Class B felony conviction, life imprisonment or any term not less than 20 years.

Are Second Degree Felony Records Public in Alabama?

Yes. According to the Alabama Open Records Law, every citizen has the right to inspect and request copies of documents written or created by public agencies, except where the law provides otherwise. Such exceptions that may hinder an individual's access to second-degree felony records (including arrest records and court records) may arise where such records are sealed by the court or designated as confidential under federal or state law, court rule, or other legal authorities (Section 36-12-40).

Thus, under the Open Records Law and the Alabama Rules of Court-Record Privacy and Confidentiality, the following records that may contain information on second-degree felonies are exempt from public disclosure:

• Abuse and neglect records
• Information that may identify the victims of crimes who are minor children
• Information about criminal victims in protection from abuse or domestic violence,
• Court records sealed by judicial order.

In some states, like Washington, members of the public may request and access Criminal History Record Information through the Washington State Patrol, provided the records obtained are not to be used for criminal justice purposes.

How to Access Second Degree Felony Court Records in Alabama

In Alabama, the Circuit Court has general jurisdiction over all felony offenses. Thus, searches for criminal case records typically start here. To access second-degree felony court records in Alabama, the searcher may need to identify the specific court in Alabama where the case is filed—this is usually the court in the county where the offense happened. Another way to find second-degree felony court records is to request court information through public search portals.

Interested persons may access Alabama criminal court case records using any of the following options:

• Contact the court: Interested persons may contact or visit their local circuit courts to inspect, request, or make inquiries regarding the specific second-degree felony court records they need. Record requests may also be sent in writing or by mail to the office of the circuit court clerk. Interested persons may access and view second-degree felony court records for free at public access terminals at the circuit court.

  NB: Although court records are public records in Alabama, there are exceptions that may restrict a person's access to certain records or information contained in criminal records. This restriction may apply to second-degree felonies where the victims are minors. In such an instance, the court clerk must inform the requester in writing of the refusal.

• Search the court’s online database: Interested persons may access trial court records online at Alabama’s ON-DEMAND Public Access to Trial Court Records. This case management system allows users to find second-degree felony court records and other Alabama criminal court records online using a name and case number search system. It provides information on court dates, actions, information on the parties, case summaries, and images. Access to this service costs $9.99 for a name and case number search, $5 for images, and $19.99 to $29.99 to monitor a case for life.
• Lookup the Alabama Appellate Court Public Portal: The Alabama Appellate Courts Public Portal provides information to registered users on cases filed at, or issued by, Alabama Appellate Courts on or before March 20, 2022. All confidential records and court documents available on this website are not publicly accessible and may only be accessed by attorneys of record.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In Alabama, second-degree felony charges can be reduced or dismissed. The defendant’s attorney may negotiate a plea deal or plea bargain to reduce the severity of the sentence and the seriousness of the charge or withdraw some of the original charges. A plea bargain is a negotiation between the prosecution and the defendant's attorney, where the defendant agrees to plead guilty to a charge or agrees not to contest a charge in exchange for a reduced charge or lighter sentence.

Defendants facing a criminal charge should not agree to a plea bargain without consulting an attorney. For one, a plea bargain, once agreed upon, must be approved by the sitting judge to ensure that it is voluntary and in the interest of justice. In negotiating plea bargains, prosecutors typically consider the severity of the crime, the quality and quantity of evidence, the potential for the defendant to re-offend, the defendant's criminal history, and the defendant's willingness to cooperate (that is, share useful information about a case). Furthermore, accepting a plea bargain means waiving several constitutional rights (for example, the Fifth Amendment right to remain silent and the right against self-incrimination in AL Code § 31-2A-31).

Aside from a plea bargain, a defendant may file a motion to dismiss a second-degree felony charge in the following circumstances: due to insufficient evidence, violation of the right to speedy trial or other constitutional violations (illegal search and seizure), procedural errors, or where a motion filed by the prosecutor to dismiss the case with or without prejudice. In adjudicating a motion to dismiss, the judge only considers the validity of the charges, not the defendant’s guilt or innocence.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Alabama?

It depends. The Alabama Criminal Procedure Code on Expungement only provides for the expungement of non-conviction felony records. Second-degree felonies (like rape, sodomy, domestic violence, and assault) and murder are violent offences. Conviction records of these offenses are not eligible to be expunged under the law.

In line with Section 15-27-2 of the Alabama Criminal Procedure Code, a person who has been charged with any felony offense may be eligible to have records of their second-degree felony offense expunged where:

• The charge was dismissed with prejudice, and more than 90 days have passed since the dismissal
• The charge was no-billed by a grand jury (dismissed for lack of evidence to pursue the charge), and more than 90 days have lapsed
• The person was found not guilty, and more than 90 days have passed
• The charge has been nolle prossed (prosecutor abandoned or withdrew the charge) without conditions, more than 90 days have passed, and no charges have been refiled.
• The indictment was quashed, the statute of limitations expired, and the prosecutor confirmed that charges will not be refilled.
• The charge was dismissed after a successful diversion program
• The charge was dismissed over five years ago, and the person has not been convicted of any offense or traffic violations, excluding minor violations in those five years.

The applicant may file the Petition for Expungement of Records in the criminal division of the Circuit Court in the county where the charges were filed.

How Long Do Second-Degree Felony Records Stay Public in Alabama?

It depends. In Alabama, arrest, court, and criminal records remain public information unless expunged or sealed. Second-degree felony records (and all related arrest and court records) generally remain public information indefinitely. Thus, a felony conviction will remain in the public domain forever and can be accessed by third parties.