Yes. Criminal mischief in the first degree is a felony in Alabama — specifically a Class C felony under Alabama Code Section 13A-7-21, punishable by one year and one day to ten years in prison and a fine of up to $15,000.1Alabama Legislature. Alabama Code 13A-7-21 – Criminal Mischief in the First Degree2Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies A conviction also brings mandatory restitution to the victim, a federal ban on possessing firearms, and a permanent felony record that affects jobs, housing, and voting rights.
What Makes the Charge First Degree
Not every act of property damage rises to a felony. First-degree criminal mischief requires intent — accidental damage, however costly, does not count — and the state must also prove you had no legal right to damage the property and no reasonable basis to think you did.1Alabama Legislature. Alabama Code 13A-7-21 – Criminal Mischief in the First Degree
Beyond intent, one of two things has to be true for the charge to land in first-degree territory:
- The damage exceeds $2,500, or
- The damage was caused by an explosion, regardless of dollar value.
That $2,500 line is the dividing wall between misdemeanor and felony. Damage of $500 to $2,500 is second-degree criminal mischief, a Class A misdemeanor; damage of $500 or less is third-degree, a Class B misdemeanor.3Alabama Legislature. Alabama Code 13A-7-22 – Criminal Mischief in the Second Degree4Alabama Legislature. Alabama Code 13A-7-23 – Criminal Mischief in the Third Degree One dollar past $2,500, or any use of an explosive, and you are in felony territory.
Prison Time
A Class C felony in Alabama carries a sentence of not less than one year and one day and not more than ten years.2Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies Where a judge lands within that range depends on the damage amount, the defendant’s record, whether anyone was endangered, and other case-specific factors.
Split Sentences
Alabama judges can split a felony sentence, meaning the defendant serves part of it in confinement and the rest on supervised probation. For a sentence of 15 years or less, the court can require up to three years of actual confinement and suspend the balance.5Alabama Legislature. Alabama Code 15-18-8 – Suspension of Sentence and Probation for Felonies Felony probation itself can last up to five years.6Alabama Legislature. Alabama Code 15-22-54 – Period of Probation A split is not guaranteed, but for a first-time offender charged over property damage rather than an explosion, it is a realistic outcome.
Prior Felonies Change the Picture
Alabama’s Habitual Felony Offender Act sharply increases punishment when the defendant already has prior felony convictions. For a Class C felony like first-degree criminal mischief, one prior felony pushes sentencing into the Class B range (2 to 20 years); two priors move it to the Class A range (10 to 99 years or life); three or more priors trigger a minimum of 15 years and a maximum of life or 99 years.7Alabama Legislature. Alabama Code 13A-5-9 – Enhanced Sentences for Habitual Felony Offenders Someone with three prior felonies caught smashing $3,000 worth of equipment is facing at least 15 years. That escalation surprises people, but it is the statute.
Fines and Restitution
The standard maximum fine for a Class C felony is $15,000. The court can impose more if the higher amount does not exceed double the defendant’s gain from the crime or double the victim’s loss.8Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies When losses are large, that “double the loss” rule can push the fine well past $15,000.
Restitution is separate from the fine. Alabama law requires offenders to fully compensate victims for their financial losses,9Alabama Legislature. Alabama Code 15-18-65 – Legislative Findings and Purpose which in practice means the court orders payment of the actual cost to repair or replace what was damaged. A defendant who destroys $5,000 worth of property can owe that $5,000 to the victim on top of whatever fine goes to the state.
What Felony Status Means Afterward
A Class C felony conviction carries consequences that outlast the sentence.
Firearms
Federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts First-degree criminal mischief qualifies. The ban applies nationwide, does not end when the state sentence ends, and violating it is itself a federal felony.
Voting Rights
Alabama only strips voting rights for convictions involving “crimes of moral turpitude,” not every felony. Whether first-degree criminal mischief falls on that list depends on the specific circumstances. If voting rights are lost, restoration requires completing the full sentence including probation and parole, paying all fines, fees, and restitution, and having no pending charges. Some offenses require a pardon before voting rights can come back.
Expungement
Felony convictions in Alabama face a high bar for expungement. A convicted felon generally must first obtain a pardon before the conviction can be expunged. Without one, the record stays permanent and shows up on background checks for employment, housing, and professional licensing.
The Victim Can Still Sue You Civilly
A criminal conviction does not close off civil liability. The property owner can file a separate civil lawsuit for the full cost of repair or replacement, and for punitive damages if the destruction was willful or reckless. Civil cases use a lower burden of proof than criminal ones, so even an acquittal in criminal court does not block a civil suit over the same incident. Criminal restitution may offset what the victim ultimately collects, but it does not eliminate the right to sue.