Class B Felony in Alaska: Sentencing Ranges and Consequences

A Class B felony in Alaska is punishable by up to 10 years in prison and a fine of up to $100,000, but the sentence a judge actually imposes is set within presumptive ranges that depend on how many prior felony convictions the defendant has.¹ Those ranges, along with mandatory restitution, firearm bans, and other collateral consequences, do more to shape the real outcome than the statutory maximum does.

What Counts as a Class B Felony

Alaska’s criminal code describes Class B felonies as crimes typically involving less severe violence than Class A felonies, serious property offenses, or significant offenses against public order.² Each offense is assigned to the class in the individual statute that defines it, not in a single master list.

Commonly charged Class B felonies include manslaughter; second-degree sexual assault, which covers sexual contact accomplished through force, threats, or with a victim who cannot consent;³ first-degree burglary; first-degree stalking; and certain drug manufacturing or distribution offenses.

The line between Class B and the neighboring classes often turns on narrow facts: the age of the victim, whether a weapon was present, or how much harm was inflicted. The same facts that push an offense up to Class A or down to Class C control which sentencing range applies, so the classification itself is worth checking against the charging document.

Prison and Fine Ceiling

The maximum prison term for a single Class B felony conviction is 10 years, and that ceiling applies regardless of which Class B offense is charged.¹ A court can also impose a fine of up to $100,000 on an individual defendant, and the fine can be imposed in addition to prison, not just as an alternative.⁴

In practice, sentences cluster well below the 10-year ceiling unless aggravating factors or a long criminal history push the term upward. The presumptive ranges, not the maximum, drive most Class B outcomes.

Presumptive Sentencing Ranges

Alaska uses presumptive sentencing, which locks judges into a specific window based primarily on prior felony convictions. The ranges can be moved up or down for aggravating or mitigating circumstances, but the starting framework is rigid.¹

For a Class B felony, the ranges are:

First felony conviction, no prior felonies: 1 to 3 years
Second felony conviction, one prior felony: 3 to 7 years
Third felony conviction, two or more prior felonies: 6 to 10 years

Two narrow situations raise the first-felony floor. If the conviction is for criminally negligent homicide of a victim under 16, or for certain methamphetamine manufacturing offenses involving children, the first-felony range increases to 2 to 4 years.¹

The judge picks a specific number within the applicable range and must explain on the record why that number is appropriate. That explanation creates the record an appellate court reviews.

How Aggravators and Mitigators Shift the Range

The presumptive range is a starting point. Alaska law lists specific circumstances that let a judge move above or below it, and the statute identifies dozens of each.⁵

Aggravating factors can push a sentence all the way up to the 10-year maximum. Commonly cited aggravators include deliberate cruelty, a particularly vulnerable victim, use of a dangerous instrument, conduct that risked physical injury to three or more people, leading a group of three or more participants, and conduct that ranks among the most serious included in the offense definition. Aggravating factors that increase a sentence beyond the presumptive range must be found by a jury beyond a reasonable doubt, unless the defendant admits them or the factor is a prior conviction.

Mitigating factors run the other direction. If the defendant played a minor role, acted under unusual duress, or caused little actual harm, the court can go below the presumptive floor. When the low end of the range is four years or less, a mitigated sentence can drop to any term below that floor. When the low end exceeds four years, the sentence cannot be reduced below 50 percent of that floor.⁵

Probation and Suspended Imposition of Sentence

Not every Class B conviction means serving the full presumptive term in prison. For a first-time felony offender, the judge may suspend imposition of sentence entirely and place the defendant on probation, as long as the defendant serves at least some active jail time within the applicable presumptive range.⁶ If mitigating factors apply, the court can waive even the active-time requirement.

Many defendants are shut out of this option. The statute blocks suspended imposition for several of the most serious Class B felonies, including manslaughter, sexual assault offenses, robbery, and kidnapping-related crimes. It is also unavailable to anyone who used a firearm during the offense or who has any prior felony conviction, including one that was previously set aside.⁶

When probation is granted, it can last up to 10 years for most felonies. For felony sex offenses the maximum stretches to 25 years.⁷ A probation violation lets the court revoke probation and impose the original suspended sentence.

Restitution Is Essentially Mandatory

Alaska’s constitution gives crime victims a right to restitution, and the sentencing statutes make the order effectively automatic. When the prosecution presents credible evidence of a victim’s losses, the court must order the defendant to pay unless the victim specifically declines.⁸ The amount reflects market value of lost or damaged property, medical costs, counseling, and other documented losses.

Two features surprise defendants. The court cannot consider ability to pay when setting the amount; the order simply reflects the victim’s actual losses.⁸ And the restitution order functions as an enforceable civil judgment that accrues interest and can be collected long after the criminal sentence ends. Anyone convicted of a felony must also submit a sworn financial statement to their probation officer within 30 days of conviction.

Multiple Counts and Consecutive Time

When a defendant is sentenced on more than one count, whether the terms run together or back-to-back can matter more than any single number. Alaska generally gives judges discretion to impose concurrent or partially concurrent sentences, but several situations require consecutive time.⁹

Consecutive sentences are mandatory when the defendant is already serving a sentence under a separate judgment, when the conviction is for escape from custody, when the defendant is sentenced for multiple violent or sexual offenses such as assault, sexual assault, robbery, and extortion, and when the defendant is sentenced for multiple offenses involving child sexual abuse material. For a defendant convicted of two qualifying Class B offenses at the same time, total exposure can run well past 10 years because each count carries its own presumptive range stacked onto the next.

Life After the Sentence

The sentence a judge announces is only part of what a Class B conviction costs. Several consequences follow the person long after prison and probation end.

Firearm Restrictions

Under Alaska law, a person convicted of any felony cannot possess a concealable firearm until 10 years after unconditional discharge from the sentence, meaning 10 years after prison, parole, and probation are all fully completed. If the underlying felony involved a crime against a person, that 10-year path does not apply at all; a pardon or set-aside is the only route to restoration under state law.¹⁰

Federal law adds a separate, overlapping prohibition. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year in prison is barred from possessing any firearm or ammunition.¹¹ Because every Class B felony carries a potential 10-year sentence, this federal ban applies automatically. There is no automatic federal restoration mechanism; it generally requires a presidential pardon or expungement of the underlying conviction. Even if Alaska eventually allows firearm possession again, the federal bar can still support prosecution.

Voting

Alaska suspends voting rights during a felony sentence, including any period of parole or probation. Once the entire sentence is complete, eligibility is restored automatically, which means no petition is required, but the person still has to go through normal voter registration on their own.

Jury Service

A felony conviction disqualifies a person from jury service until civil rights are restored.¹² In practice, anyone still serving a sentence or on probation or parole will be excluded.

Employment and Licensing

A felony conviction creates practical hiring barriers even where no statute formally bars employment. Background checks are standard, and employers can weigh criminal history. Some licensed fields, including healthcare, education, and law enforcement, impose added scrutiny or outright disqualification. The specific impact depends on the licensing board and the nature of the offense.

Clearing the Record Through a Set-Aside

Alaska does not offer traditional expungement of convictions. What it offers is a set-aside. A defendant who successfully completes probation under a suspended imposition of sentence can be discharged without a formal sentence being imposed, and the court issues a certificate setting aside the conviction.⁶

A set-aside is useful but limited. It restores firearm rights under state law and removes the conviction for many purposes, yet the original conviction can still be used to enhance sentencing if the person is convicted of a new felony. And because suspended imposition is unavailable for many serious Class B felonies and for anyone with any prior felony, the set-aside route is effectively closed to a large share of Class B defendants.⁶ For those who do qualify, finishing every probation condition without a violation is the only path to getting the conviction set aside.

1
Justia. Alaska Code 12.55.125 – Sentences of Imprisonment for Felonies
2
FindLaw. Alaska Code 11.81.250 – Classification of Offenses
3
FindLaw. Alaska Code 11.41.420 – Sexual Assault in the Second Degree
4
Justia. Alaska Code 12.55.035 – Fines
5
Justia. Alaska Code 12.55.155 – Factors in Aggravation and Mitigation
6
Justia. Alaska Code 12.55.085 – Suspending Imposition of Sentence
7
Justia. Alaska Code 12.55.090 – Granting of Probation
8
Justia. Alaska Code 12.55.045 – Restitution and Compensation
9
FindLaw. Alaska Code 12.55.127 – Consecutive and Concurrent Terms of Imprisonment
10
Justia. Alaska Code 11.61.200 – Misconduct Involving Weapons in the Third Degree
11
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
12
District of Alaska | United States District Court. Jury FAQs