Alabama Misdemeanor Classes and Penalties: Fines, Probation, and Record

Alabama misdemeanor classes and penalties fall into three tiers, with a fourth catch-all for offenses that set their own rules. A Class A misdemeanor carries up to one year in jail and a fine up to $6,000. Class B tops out at six months and $3,000. Class C maxes out at three months and $500. Unclassified misdemeanors use the penalty written into their own statute, and if that statute is silent, the offense is punished as a Class C.¹

The Three Classes at a Glance

Every misdemeanor defined in Alabama’s criminal code is assigned a class, and the class sets the ceiling on jail time and fines.²³ Judges can impose jail, a fine, or both, up to those limits.

Class A: up to 1 year in county jail or at hard labor for the county; fine up to $6,000.
Class B: up to 6 months in county jail or at hard labor; fine up to $3,000.
Class C: up to 3 months in county jail or at hard labor; fine up to $500.
Unclassified: whatever the specific statute sets; defaults to Class C if the statute is silent.

One wrinkle worth knowing: Alabama’s sentencing statute authorizes confinement “in the county jail or at hard labor for the county.” A sentence can mean assignment to a county work program rather than straight jail time.²

Class A Misdemeanors

Class A is the most serious misdemeanor tier, sitting just below the felony line. A conviction can mean up to one year in the county jail and a fine up to $6,000.²³

Common Class A offenses include:

Theft of property in the fourth degree, meaning theft of items worth $500 or less when the property is not taken directly from a person.⁴
Assault in the third degree, which covers intentionally or recklessly causing physical injury to another person, or causing injury through criminal negligence with a deadly weapon.⁵
Marijuana possession in the second degree, meaning possession for personal use.⁶
Cruelty to animals. The offense is Class A, but it carries its own escalating fine schedule, running up to $3,000 on a first offense with a minimum of $1,000 on a third or later conviction.⁷

Prior record, how the offense happened, and whether anyone was hurt all weigh in sentencing. Judges have the full statutory range to work with.

Class B Misdemeanors

Class B carries a maximum of six months in the county jail or at hard labor and a fine up to $3,000.²³ This middle tier covers conduct that is more than trivial but not among the most serious misdemeanors. Certain reckless endangerment and menacing charges fall here, though the exact class always depends on the statute defining the specific offense.

A six-month jail exposure is enough to make plea negotiations serious, and a conviction still produces a permanent criminal record with the same collateral effects described below.

Class C Misdemeanors

Class C is the lowest classified tier. The jail maximum is three months and the fine maximum is $500.²³

Harassment is a familiar example. Under Alabama law it covers intentionally striking, shoving, or making unwanted physical contact with another person, directing abusive or obscene language at them, or making threats that would place a reasonable person in fear of their safety.⁸ Disorderly conduct is also a Class C offense.

Lighter penalties do not mean the charge is harmless. A Class C misdemeanor is still a criminal conviction and still appears on background checks that employers, landlords, and licensing boards run.

Unclassified Misdemeanors

Not every misdemeanor on the books gets an A, B, or C label. Many traffic violations, hunting and fishing offenses, and municipal ordinance violations are written as misdemeanors with penalties set directly in their own statutes.

When an offense is declared a misdemeanor but the statute specifies no classification and no penalty, the default kicks in: the offense is treated as a Class C, carrying up to three months in jail and up to $500 in fines.¹ When a statute does set its own penalties, those control. The fine could be higher than $6,000 or lower than $500, and the jail exposure could run anywhere from nothing to a year, depending entirely on the specific law charged. Read the statute cited on the charging document to see what you are actually facing.

Fines Are Rarely the Whole Bill

The statutory fine is only one line on the invoice. Court costs attach to virtually every case to cover administrative expenses. Alabama also tacks on mandatory assessments, including a contribution to the Crime Victims Compensation Fund.

Restitution is separate again. If the offense caused someone a measurable loss, the judge can order you to pay back medical bills, property damage, lost wages, and similar documented costs. Those amounts come from evidence, not estimates, and can exceed the base fine many times over. A Class C conviction with a $200 fine can carry several thousand dollars in restitution when the victim’s losses support it.

Missing payments can extend probation, trigger additional hearings, or lead to other consequences. Courts will consider ability to pay, but you generally have to raise the issue instead of simply falling behind.

Probation and Split Sentences

Full statutory sentences are the exception, not the rule. Alabama authorizes probation for anyone convicted of a misdemeanor, with the single exception of sex offenses involving a child.⁹

Judges can also hand down a split sentence: a jail term within the statutory maximum, with the remainder suspended and the defendant placed on probation for up to two years. A Class A defendant might serve 30 days and spend the rest of a one-year sentence on supervised probation. Typical probation conditions include staying out of further trouble, reporting to a probation officer, paying all fines and restitution, and submitting to drug testing when a controlled substance was involved. Violating any condition can mean revocation and serving the remaining jail time.

Consequences After the Case Ends

The jail time and the money are the formal punishment. The informal consequences often last longer.

Criminal Record

Any misdemeanor conviction creates a criminal record that appears on background checks. Even a Class C can cost someone a job offer, an apartment, or admission to a program. Misdemeanors are criminal offenses, not infractions, and they carry the stigma that comes with that label.

Firearm Restrictions

If the misdemeanor involved domestic violence, federal law permanently bars you from possessing or purchasing firearms or ammunition.¹⁰ It applies to any conviction, in any court, where the offense involved the use or attempted use of physical force against a spouse, former spouse, parent, child, or cohabitant. This is federal and applies regardless of what Alabama law says about misdemeanor gun rights.

Professional Licensing

A misdemeanor conviction can complicate applications for professional licenses in fields like nursing, education, law, and real estate. Boards usually look at whether the offense relates to the duties of the profession. A theft conviction raises more concern for a financial advisor than for a landscaper. The conviction does not automatically disqualify you, but it triggers added scrutiny and may require evidence of rehabilitation.

How Long Prosecutors Have To Charge You

Alabama gives prosecutors 12 months from the date of the offense to file misdemeanor charges.¹¹ After that window closes, prosecution is barred. The rule applies “unless otherwise provided,” so individual statutes outside the main criminal code can set their own deadlines.

Pretrial Diversion and Expungement

Some Alabama counties and district attorney’s offices run pretrial diversion programs. Availability varies by jurisdiction. The basic deal: the prosecution holds the case while you complete conditions such as community service, counseling, drug treatment, or restitution. Finish the program and the charge resolves without a conviction, though you still owe any court costs, fines, fees, and restitution assessed. Diversion typically is reserved for first-time offenders facing nonviolent charges, and cases involving serious bodily injury or sexual offenses are almost always excluded.

Expungement rules depend on how the case ended. If the charge was dismissed with prejudice, no-billed by a grand jury, or ended in a not-guilty verdict, you can file after a 90-day waiting period. Dismissals without prejudice require a one-year wait. Charges dismissed after you successfully completed drug court, a diversion program, veterans court, or a similar court-approved program are eligible one year after completion.

Expunging an actual conviction is harder. You must wait at least three years from the date of conviction, complete all probation or parole requirements, and satisfy all court-ordered payments including restitution. Not every misdemeanor conviction qualifies, and certain offenses are excluded regardless of how much time has passed. Filing fees can run several hundred dollars. A successful expungement removes the record from public view, though some law enforcement and government agencies may keep limited access.

1
Alabama Attorney General. Criminal Laws of Alabama – Section 13A-5-4
2
Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations
3
Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
4
Alabama Legislature. Alabama Code 13A-8-5 – Theft of Property in the Fourth Degree
5
Alabama Legislature. Alabama Code 13A-6-22 – Assault in the Third Degree
6
Alabama Legislature. Alabama Code 13A-12-214 – Unlawful Possession of Marihuana in the Second Degree
7
Alabama Legislature. Alabama Code 13A-11-14 – Cruelty to Animals
8
Alabama Legislature. Alabama Code 13A-11-8 – Harassment
9
Alabama Attorney General. Criminal Laws of Alabama – Section 13A-5-2
10
Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts
11
Alabama Legislature. Alabama Code 15-3-2 – Misdemeanors