Alabama Criminal Law

Criminal law and procedure in Alabama is collected in a series of statutes and rules compiled by the Alabama legislature. The collection covers a broad range of behavior that is illegal and offers detailed punishments for the offenses. The information below is a sample of Alabama criminal law that addresses some of the more common questions about criminal law. If you have any questions or concerns contact an Alabama criminal defense attorney.

Drug Possession in Alabama

Possession or distribution of drugs in Alabama can result in serious consequences such as lengthy jail terms and heavy fines.Alabama drug law has three primary offenses:

• Possession:
• Possession of marijuana in small quantities for personal use can result in a misdemeanor conviction and up to one year in jail and a fine of up to $6,000.
• Possession of large quantities of marijuana or any quantity of narcotics is a felony punishable by 1 – 10 years in jail depending on the drug and a fine up to $15,000.
• Distribution: Distribution can result in a felony conviction and a prison sentence of 2 – 20 years and a fine up to $60,000 depending on the nature of the drug distributed.
• Trafficking: Possession of a certain quantity of the drug will result in a trafficking charge. Drug trafficking in Alabama carries felony convictions and mandatory minimum sentences ranging from three years to life imprisonment without parole depending on the quantity and nature of the drug. Mandatory fines ranging from $25,000 - $500,000 are also assessed as punishment.

The quantities that trigger a trafficking charge for each type of drug differ, and are found in the Code of Alabama.If arrested with any quantity of drug, consult an Alabama defense attorney for assistance with the case.

Assault in Alabama

Assault in Alabama occurs when an assailant intends to cause physical injury to another and does so, or recklessly causes harm to another. There are increased degrees of assault brought on by circumstances such as: the assailant uses a deadly weapon to cause injury, intends to cause serious injury, intends to maim or permanently disfigure, or causes serious injury with extremely reckless behavior.

• A basic assault charge in Alabama is a misdemeanor punishable by up to one year in jail and a fine up to $6,000.
• A more serious assault in Alabama can be a felony conviction punishable by either 1 – 10 years and a $15,000 fine or 2 – 20 years and a $30,000 fine.

For questions regarding a specific instance, or if arrested for assault, contact an Alabama defense attorney.

Alabama Drunk Driving – DUI

Alabama law provides strict punishment for a DUI, which can also be charged if the person is in the vehicle but not operating it. A first time offender faces a potential jail term of up to one year and/or a fine of at least $600 and up to $2,100. Additionally, the driver's license will be suspended for 90 days. If arrested for DUI in Alabama, contact an Alabama DUI attorney.

Right to Jury in Alabama

The Constitution of Alabama provides that defendants in a criminal action have a right to a trial by jury. The Alabama Rules of Criminal Procedure state that a defendant may waive the right to a trial by jury in writing or in court and with consent of the Court and the prosecutor. For misdemeanor trials, the defendant must file a written demand for a jury trial.

Trial Date in Alabama

Alabama law provides a defendant a speedy trial. When setting a trial date, a court in Alabama will take into account factors such as whether or not the defendant is in custody, the seriousness of the offense, and the complexity of the case.A court may grant continuances of the trial depending on the circumstances of the case. For more information on trial dates, and action to take in the event a trial does not seem sufficiently speedy, contact an Alabama criminal attorney.

Sentence Review / Appeals in Alabama

Upon conviction in Alabama, a defendant may make a motion to the trial court to order a new trial if the sentence is not appropriate for the crime charged, or the defendant has suffered a miscarriage of justice. Additionally, a defendant has a right to appeal a sentence or a conviction to a court of higher jurisdiction based on a perceived error in the trial or the sentence decision. Motions for new trial and appeals require certain time frames and procedures be met; contact an Alabama defense attorney for specific concerns.

Alabama Criminal Code and Rules of Criminal Procedure

Click here for Alabama's Criminal Code:

1. Drug Possession in Alabama
1. The Code of Alabama, Title 13A: Criminal Code, Chapter 12 §§ 211 – 214, 231
2. Assault in Alabama
1. The Code of Alabama, Title 13A: Criminal Code, Chapter 6 §§ 20, 21, 22, 23
3. Alabama Drunk Driving – DUI
1. The Code of Alabama, Title 32: Motor Vehicles, Chapter 5A § 191

1. Right to Jury in Alabama
1. Alabama Rules of Criminal Procedure, Rule 18.1
2. Trial Date in Alabama
1. Alabama Rules of Criminal Procedure, Rule 8.1, 8.3
3. Sentence Review / Appeals in Alabama
1. Alabama Rules of Criminal Procedure, Rule 24.1, 30.1