Alabama Has Changed its Criminal Code to add Class D Felony Offenses

If a defendant receives a prison sentence for a Class D felony, the sentence will be served in a community correction facility. Also, the actual in-prison sentence can only be 2 years. Under Alabama Code § 15-18-8(b), if the defendant is given a prison term, the term must be split under § 15-18-8(b) to a 2 year split sentence. This sentence must be served day-for-day with no good time or incentive time given. Also, the defendant will be placed on probation for a period not exceeding three years and upon such terms as the court deems best.

Under the Alabama Habitual Offender Act Class D felonies receive the following treatment: In a case where a defendant has two or more prior Class A or B felonies and picks up a Class D felony, they are punished for a Class C felony. Where a defendant has three prior felony convictions of any class and picks up a Class D felony conviction, they are punished for a Class C conviction. See Alabama Code § 13A-5-9(d) and (e).

Class D felonies are subject to the Presumptive Sentencing Guidelines, and therefore criminal history can have an effect on the actual terms of the sentence.

The crimes that are now Class D Felonies are;

  • Possession of a Controlled Substance;
  • Possession of Marijuana 1st, where the person has been previously convicted of unlawful possession of marihuana in the second degree or where the unlawful possession of marihuana if for his or her personal use only;
  • Theft of Property 3rd;
  • Theft of Services 3rd;
  • Theft of Lost Property 3rd;
  • Theft of Cargo (subject to certain values);
  • Receiving Stolen Property 3rd;
  • Possession of Forged Instrument 3rd;
  • Forgery in the 3rd degree, and
  • Possession of or Fraudulent Use of a Credit or Debit Card.