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Alabama Criminal Defense Laws

Alabama classifies felonies as Class A through D and misdemeanors as Class A through C. The death penalty is active — Alabama has the highest per capita capital sentencing rate in the U.S. and was the first state to carry out an execution by nitrogen gas. Judicial override of jury sentences was abolished in 2017, but approximately 30 people sentenced via override remain on death row. Alabama enacted expungement reform in 2021 (REDEEMER Act), allowing expungement of certain non-violent convictions for the first time.

Last verified: 2026-02-25

Statute of Limitations

No limit (violent felonies, drug trafficking, sex offenses); 5 years (other felonies); 1 year (misdemeanors)Ala. Code §§ 15-3-1, 15-3-2, 15-3-5

Alabama has no statute of limitations for a broad range of felonies: capital offenses, violent felonies, sex offenses involving minors under 16, arson, forgery, counterfeiting, and drug trafficking. Other felonies: 5 years. Misdemeanors: 12 months.

Key Alabama Statutes

Felony Classification and SentencingAla. Code §§ 13A-5-4, 13A-5-6, 13A-5-11

Class A: life or 10-99 years (up to $60,000 fine). Class B: 2-20 years ($30,000). Class C: 1 year 1 day–10 years ($15,000). Class D: 1 year 1 day–5 years ($7,500). The Habitual Felony Offender Act (§ 13A-5-9) significantly enhances sentences based on prior felony convictions.

REDEEMER Act (Expungement Reform)Ala. Code § 15-27 (Act No. 2021-286)

Alabama's first comprehensive expungement law. Eligible: non-convictions (dismissed, acquitted) for any charge after 90+ days; non-violent misdemeanor convictions after 3 years of sentence completion; pardoned felonies; certain listed non-violent felonies. Ineligible: violent offenses, sex offenses. Filing fee: approximately $300.

Alabama retains the death penalty with three methods: lethal injection (primary), nitrogen hypoxia (Alabama was first to use this method), and electric chair (if elected). Judicial override was abolished in 2017 but is not retroactive — approximately 30 people remain on death row with override sentences.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Code of Alabama — Criminal. For advice about your specific situation, consult a licensed attorney.

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