What Is a Class C Felony in Alabama?

A Class C felony in Alabama carries 1 year and 1 day to 10 years in prison and a fine of up to $15,000 under Alabama Code § 13A-5-6 and § 13A-5-11. Common Class C felonies include stalking in the first degree, second-degree assault, terroristic threats in the first degree, and third-degree domestic violence on a third or subsequent conviction.

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How Does Alabama Classify Felonies?

Alabama divides felonies into four classes under § 13A-5-6, each with its own sentencing range. Class C sits above Class D and below Class B:

A Class C felony carries state prison time, not county jail. For a comparison of felonies and misdemeanors, see our Misdemeanor vs. Felony explainer.

What Offenses Are Classified as Class C Felonies in Alabama?

Alabama classifies dozens of offenses as Class C felonies across multiple areas of criminal law. The most commonly charged include:

Violent Crimes

• Stalking in the first degree (§ 13A-6-90) repeated conduct combined with a credible threat placing the victim in reasonable fear of death or serious bodily harm. For more on how stalking escalates from harassment, see our dedicated page.
• Second-degree assault (§ 13A-6-21) intentionally causing physical injury to a protected victim or causing injury with a deadly weapon. For a full breakdown, see our assault defense page.
• Terroristic threats in the first degree (§ 13A-10-241) a credible threat involving a weapon that causes an evacuation or disrupts a school or government activity. For more, see our terroristic threats defense page.
• Third-degree domestic violence, third or subsequent conviction (§ 13A-6-132) a Class A misdemeanor that escalates to a Class C felony on a third conviction or with a prior DV felony. For more, see our domestic violence defense page.

Drug Crimes

• Marijuana possession, not for personal use (§ 13A-12-213(b)) — possession for purposes other than personal use. For all drug possession charges, see our drug possession defense page.
• Drug paraphernalia used to manufacture (§ 13A-12-260(d)) — possession of paraphernalia used to manufacture a controlled substance.
• Criminally negligent homicide with DUI (§ 13A-6-4(c)) — causing a death through criminal negligence while driving under the influence.

Sex Crimes

• SORNA violation, first offense (§ 15-20A-10) — failure to register or comply with sex offender registration requirements. For more, see our sex crimes defense page.

Property Crimes

• Second-degree burglary (§ 13A-7-6),
• Theft of property exceeding $2,500 (§ 13A-8-4),
• Second-degree forgery (§ 13A-9-3) are all Class C felonies.

How Does Sentencing Work for a Class C Felony?

The statutory range is 1 year and 1 day to 10 years under § 13A-5-6(a)(3). The Alabama Sentencing Commission publishes presumptive sentencing standards based on offense type and prior criminal history. For non-violent Class C felonies, these standards are presumptive — judges are expected to follow them absent a stated reason for departure. For violent Class C felonies, the standards are voluntary.

If a firearm or deadly weapon was used, the minimum sentence increases to 10 years under § 13A-5-6(a)(6), regardless of the specific offense.

Alabama’s Habitual Felony Offender Act (§ 13A-5-9) dramatically increases sentences for defendants with prior felony convictions. A defendant with two prior Class A, B, or C felony convictions who is convicted of a new Class C felony is punished at the Class A felony level — 10 to 99 years or life. With three or more priors, the range becomes 15 to 99 years or life.

Can a Class C Felony Sentence Be Split?

Yes. Under § 15-18-8, Alabama judges have authority to split a felony sentence — meaning the defendant serves a portion in prison and the remainder on supervised probation.

For Class C felonies, the incarceration portion of a split sentence cannot exceed 3 years. The remaining time is served on probation with conditions set by the court, which may include drug testing, employment requirements, community service, and regular reporting.

A split sentence is not automatic. Defendants convicted of violent offenses classified under § 12-25-32 are excluded from community corrections programs, which limits sentencing alternatives for those cases.

What Are the Long-Term Consequences of a Class C Felony Conviction?

A Class C felony conviction creates a permanent criminal record in Alabama. Beyond the prison sentence, consequences include:

• Loss of the right to possess firearms under both Alabama and federal law
• Loss of voting rights until all terms of the sentence, including probation, fines, and restitution, are completed
• Ineligibility for certain professional licenses and government employment
• Impact on employment, housing, and educational opportunities through background checks
• Loss of federal financial aid eligibility for drug-related felonies
• Potential immigration consequences for non-citizens, including deportation

Alabama allows expungement of certain non-violent felony convictions under limited circumstances. For more, see our Alabama expungement page.

How Does a Class C Felony Compare to Other Felony Classes?

With habitual offender enhancements, a Class C felony with two prior felonies carries the same sentencing range as a first-offense murder charge. The jump from Class D to Class C doubles the maximum sentence from 5 to 10 years.

What Defenses Are Available for Class C Felony Charges?

At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us and build a strategy around the specific facts of your case.

Challenging the Elements of the Offense

Every Class C felony has specific statutory elements the state must prove beyond a reasonable doubt. For stalking, the state must prove repeated conduct plus a credible threat. For second-degree assault, the state must prove intent plus physical injury to a protected victim. If any element is missing or unsupported by the evidence, the charge fails.

Challenging the Evidence

We examine forensic evidence, witness testimony, digital evidence, and law enforcement procedures for weaknesses. Contaminated evidence, unreliable witnesses, broken chains of custody, and procedural errors can all undermine the state’s case.

Constitutional Violations

If evidence was obtained through an unlawful search, an unconstitutional interrogation, or a Miranda violation, we move to suppress it. A prosecution built on unlawfully obtained evidence can collapse entirely once suppression is granted.

Negotiating Charge Reductions

In many cases, a Class C felony charge can be negotiated down to a Class D felony or a misdemeanor, which significantly reduces sentencing exposure and long-term consequences. The strength of the defense team’s challenge to the state’s case is what creates that leverage.

Alternative Sentencing

For non-violent Class C felonies, we advocate for split sentences, probation, and community corrections programs when available. For drug-related Class C felonies, pretrial diversion and drug court may be options that result in dismissed charges with no felony conviction on the record.

Why Experience Matters

Class C felonies span multiple practice areas, from violent crimes to drug offenses to sex crimes. Each requires specialized knowledge of the specific statutes, defenses, and sentencing dynamics involved. Our attorneys have defended these cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama.

Frequently Asked Questions About Class C Felonies in Alabama

Here are the questions we receive most often about Class C felony charges.

What is a Class C felony in Alabama?

A Class C felony carries 1 year and 1 day to 10 years in prison and a fine of up to $15,000 under §§ 13A-5-6 and 13A-5-11. Common examples include stalking in the first degree, second-degree assault, terroristic threats in the first degree, marijuana possession not for personal use, and second-degree burglary.

How much prison time does a Class C felony carry?

The statutory range is 1 year and 1 day to 10 years. If a firearm or deadly weapon was used, the minimum increases to 10 years under § 13A-5-6(a)(6). Alabama’s Habitual Felony Offender Act can increase the sentence to Class A felony levels, 10 to 99 years or life, for defendants with two or more prior felony convictions.

Can a Class C felony be reduced to a misdemeanor?

In some cases, yes. Through negotiation, a Class C felony charge can be reduced depending on the evidence, circumstances, and criminal history. Pretrial diversion programs for certain non-violent offenses can result in dismissed charges with no felony conviction on the record.

Can a Class C felony be expunged in Alabama?

Alabama allows expungement of certain non-violent felony convictions under limited circumstances. Eligibility depends on the specific offense, the outcome of the case, and applicable waiting periods. Violent felonies and sex offenses are generally not eligible.

What is the difference between a Class C felony and a Class D felony?

A Class C felony carries 1 year and 1 day to 10 years and a $15,000 fine. A Class D felony carries 1 year and 1 day to 5 years and a $7,500 fine. The Class D classification was created by Alabama’s 2015 Prison Reform Act to reclassify certain lower-level felonies, including simple drug possession, from Class C to Class D.

Choose JB Brown Criminal Trial Practice

If you are facing a Class C felony charge in Alabama, contact JB Brown Criminal Trial Practice immediately at 205-583-7996. All consultations are completely confidential. The earlier experienced defense counsel is involved, the more options you have.