Alabama Escape in the 2nd Degree is a Class C felony under Alabama Code 13A-10-32, charged when a person escapes or attempts to escape from a penal facility such as a jail or prison.1Alabama Legislature. Alabama Code 13A-10-32 – Escape in the Second Degree A conviction carries one year and one day to ten years in prison, a fine of up to $15,000, and in most cases the sentence runs consecutively to whatever time the person was already serving.
What Makes an Escape “Second Degree”
The degree turns on the type of place the person left, not on what they were originally locked up for. Second-degree escape specifically requires an escape or attempted escape from a penal facility, which Alabama defines as a secure correctional institution used to confine people arrested for, charged with, or convicted of a crime. That includes the state penitentiary and its branches, along with county and city jails.2Alabama Legislature. Alabama Code 13A-10-30 – Definitions
To get a conviction, the prosecution has to prove two things: that the person was lawfully confined in a penal facility, and that they left or took a substantial step toward leaving without authorization. The underlying charge or conviction does not matter. Someone held on a misdemeanor who walks out of a county jail faces the same second-degree charge as someone serving time on a felony, provided the felony prong of first-degree escape doesn’t apply (more on that below).
One point worth flagging: being on probation, parole, or out on bail is not “custody” for escape purposes. Failing to report or skipping bond is handled under other statutes, not the escape chapter.2Alabama Legislature. Alabama Code 13A-10-30 – Definitions
How Second Degree Compares to First and Third Degree
Alabama splits escape into three degrees, and the line between them changes both the charge and the exposure.
Third degree is the baseline. It applies to escapes from custody that don’t involve a penal facility, such as running from an officer right after arrest or leaving a non-secure holding area. It’s also a Class C felony with the same one-to-ten sentencing range.3Alabama Legislature. Alabama Code 13A-10-33 – Escape in the Third Degree
Second degree covers escapes from a penal facility. The jump from third to second reflects the greater security breach involved in getting out of a jail or prison rather than fleeing an officer on the street.
First degree is a Class B felony carrying two to twenty years. It applies in two situations: when a person uses or threatens physical force or uses a deadly weapon or dangerous instrument during the escape, and when a person already convicted of a felony escapes from custody imposed for that conviction.4Alabama Legislature. Alabama Code 13A-10-31 – Escape in the First Degree
That second prong catches a lot of people off guard. A person with a felony conviction who walks out of a county jail is not charged with second-degree escape. The charge automatically becomes first degree because of the prior felony, even if no force was involved.
Sentence, Fine, and the Consecutive-Time Problem
Escape in the second degree is a Class C felony, so the sentencing range is not less than one year and one day and not more than ten years in prison.5Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies The court can add a fine of up to $15,000, plus court costs.6Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies Prior felony convictions can push the mandatory minimum higher under the habitual offender law.
The harder hit is how the sentence is served. Alabama defaults to consecutive sentencing when a person is sentenced on multiple convictions. Unless the judge specifically orders the sentences to run concurrently, the escape sentence stacks on top of the sentence the person was already serving.7Alabama Legislature. Alabama Code 14-3-38 – How Sentences to Be Served Someone three years into a seven-year term who picks up a five-year escape sentence can end up serving twelve years total instead of having the sentences overlap.
What a Felony Conviction Costs After Release
Prison time is not the end of it. A felony conviction brings consequences that outlast the sentence.
Firearms
Alabama prohibits anyone convicted of a felony from owning or possessing a firearm for five years after conviction. Three or more felony convictions from separate charges means losing firearm rights permanently. Possessing a gun in violation of this rule is itself a Class C felony, which can mean a second escape-level charge on top of the first.8Alabama Legislature. Alabama Code 13A-11-72 – Certain Persons Forbidden to Possess Firearms
Voting
Alabama only strips voting rights for convictions on a specific list of 46 offenses classified as crimes of moral turpitude. Whether a particular escape conviction falls on that list controls whether voting rights are affected. If they are, restoration requires completing the full sentence, paying all fines and court costs, and obtaining a Certificate of Eligibility to Register to Vote through the Board of Pardons and Paroles.
Employment and Professional Licenses
Licensing boards in fields like healthcare, education, law, and finance review criminal histories and can deny, suspend, or revoke licenses over a felony. Outside licensed professions, background checks routinely surface felony records, and many employers treat any felony as disqualifying regardless of whether it involved violence.
Defenses That May Apply
Escape cases are hard to defend because the central fact (either the person left or they did not) is usually clear. A few defenses still matter in the right circumstances.
Duress. Alabama recognizes duress when a person acted under an immediate threat of death or serious physical injury to themselves or another. An inmate who flees after a credible threat on their life may have a duress defense. It fails if the person intentionally or recklessly put themselves in the threatening situation.9Justia. Alabama Code 13A-3-30 – Duress
Lack of intent. The state has to show the escape was knowing. A departure caused by a paperwork mistake or miscommunication about release can undercut that element, though juries are generally skeptical of the claim.
Unlawful confinement. The statute requires lawful confinement in a penal facility. An unlawful arrest or detention does not automatically excuse an escape, but it can shift leverage in plea negotiations and affect how a jury hears the case.2Alabama Legislature. Alabama Code 13A-10-30 – Definitions
Helping Someone Escape
Anyone who intentionally helps a person arrested for, charged with, or convicted of a felony escape from a penal facility commits permitting or facilitating escape in the first degree. It is a Class C felony, carrying the same one-to-ten-year range and fines up to $15,000.10Alabama Legislature. Alabama Code 13A-10-34 – Permitting or Facilitating Escape in the First Degree The same statute reaches public servants who work at a penal facility and permit or facilitate an escape through intentional, knowing, or reckless conduct. A corrections officer who leaves a door unlocked on purpose faces the same felony as an outsider who smuggles in tools.