The punishment for first degree assault in Alabama is two to twenty years in prison and a fine of up to $30,000, because the offense is classified as a Class B felony. If the assault involved a firearm or other deadly weapon, the minimum climbs to ten years. Prior felony convictions can push the range far higher under Alabama’s habitual offender law, up to and including life imprisonment.
Prison Time for a First-Time Offender
A Class B felony in Alabama carries a prison term of not less than two years and not more than twenty.1Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies The judge chooses where inside that range the sentence lands. In practice, that choice turns on how badly the victim was hurt, the circumstances of the attack, and the defendant’s history.
The Ten-Year Mandatory Minimum for Weapons
When a firearm or deadly weapon was used during the assault, Alabama imposes a mandatory minimum of ten years.1Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies First degree assault almost always involves a deadly weapon or dangerous instrument by definition, so this floor applies to most convictions under the statute. The judge can still go anywhere from ten to twenty years, but cannot go below ten.
How Prior Felonies Raise the Range
Alabama’s Habitual Felony Offender Act replaces the standard two-to-twenty range when the defendant has prior felony convictions. The tiers work like this:
- One prior felony: the Class B felony is punished as a Class A felony, carrying ten to ninety-nine years or life.2Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders – Additional Penalties1Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
- Two prior felonies: fifteen years minimum, up to ninety-nine years or life.2Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders – Additional Penalties
- Three or more prior felonies: twenty years minimum, with no upper limit short of life.2Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders – Additional Penalties
Only prior Class A, B, or C felony convictions count. Misdemeanors and Class D felonies don’t trigger the escalation.2Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders – Additional Penalties
Fines and Restitution
On top of prison time, a conviction carries a fine of up to $30,000. The court can instead impose a fine equal to double the defendant’s financial gain or the victim’s financial loss, whichever is greater, even if that figure exceeds $30,000.3Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
Restitution is separate from the fine. Alabama law requires criminal offenders to fully compensate victims for any financial loss resulting from the crime.4Alabama Legislature. Alabama Code 15-18-65 – Legislative Findings; Purpose In an assault case that usually means medical bills, rehabilitation costs, and lost wages. Restitution goes to the victim; the fine goes to the state.
Split Sentences and Probation
Alabama judges can split a sentence, meaning part of the term is served in confinement and the rest on supervised probation. The flexibility depends on the total sentence imposed:
- Sentences of fifteen years or less: up to three years of confinement, with the remainder suspended for probation.
- Sentences over fifteen but no more than twenty years: three to five years of confinement, with the rest on probation.
- Sentences over twenty but no more than thirty years: a minimum of ten years in confinement before the remainder can be suspended.
Split sentencing is only available for sentences of thirty years or less.5Alabama Legislature. Alabama Code 15-18-8 – Terms of Confinement A standard first degree assault sentence falls within that cap, so a split is technically possible. But when the ten-year mandatory minimum for deadly weapon use applies, the actual time behind bars has far less room to shrink.
When Parole Becomes Possible
First degree assault is not on the list of Class A felonies that require serving 85 percent of the sentence before parole consideration. It falls under the general rule: the Alabama Board of Pardons and Paroles sets the initial parole consideration date after the inmate has completed one-third of the sentence or ten years, whichever is less.6Alabama Legislature. Alabama Code 15-22-28 – Investigation for Parole
Being scheduled for consideration is not the same as being granted parole. The Board weighs institutional conduct, the nature of the offense, risk of reoffending, and victim input before deciding.
Life After the Sentence Ends
First degree assault is a violent felony, and the label follows a person long after release.
Firearms
Alabama prohibits anyone convicted of a crime of violence from owning or possessing a firearm. Violating that ban is itself a Class C felony carrying up to ten years in prison.7Alabama Legislature. Alabama Code 13A-11-72 – Certain Persons Forbidden to Possess Pistol The state restriction is permanent unless the conviction is pardoned, and federal law imposes a separate, overlapping ban on firearm possession by convicted felons, so a state pardon alone may not fully resolve the issue.
Voting
Alabama strips voting rights from people convicted of felonies involving moral turpitude, and assault is on that list. Some less serious felonies allow a person to restore the right to vote by obtaining a Certificate of Eligibility to Register to Vote after completing the sentence. Assault convictions do not. Restoring voting rights requires a full pardon from the Board of Pardons and Paroles, which is a more involved process with no guarantee of approval.
Work and Licensing
A violent felony conviction creates serious barriers to employment in licensed professions. Healthcare, education, law, and finance routinely deny or revoke professional licenses for applicants with violent felony histories. Even where no license is required, background checks will surface a first degree assault conviction for years.
Travel
International travel can also become difficult. Canada may deny entry to anyone with a conviction that would qualify as a serious criminal offense under Canadian law. Short-term entry may require a Temporary Resident Permit, and permanent removal of the restriction through criminal rehabilitation generally requires waiting at least ten years after completing the full sentence.
A Civil Lawsuit from the Victim
A criminal conviction does not stop the victim from suing separately for money damages. The exposure in a civil case can be substantial: recoverable losses include medical bills and lost income, plus compensation for pain, suffering, and emotional distress.
The burden of proof is lower in civil court. The victim only needs to prove the assault by a preponderance of the evidence rather than beyond a reasonable doubt, so even a criminal acquittal does not block a civil claim. In cases of intentional violence, courts may also award punitive damages aimed at punishing the defendant beyond the actual harm. In Alabama, the victim has six years from the date of the assault to file suit under the statute of limitations for trespass to the person.