Misdemeanor vs. Felony: What's the Difference in Alabama?

When facing a criminal charge in Alabama, you need to know if it is a misdemeanor or a felony. A charge affects every part of your life, including potential jail time and employment. Learn the key differences to better understand your legal options.

Defining a Misdemeanor in Alabama 

Under Alabama law, misdemeanors are less serious offenses. They carry lighter penalties than felonies. However, "less serious" doesn't mean without consequences. A misdemeanor conviction can still result in jail time, fines, and a permanent criminal record.

Classes of Misdemeanors in Alabama

Alabama divides misdemeanors into three classes.

Class A Misdemeanor
Class A misdemeanors are the most serious misdemeanor offenses. Punishable by up to 1 year in county jail, plus fines as expensive as $6,000. Possible offenses include theft of property (under $500) and possession of marijuana for personal use (POM1).

Class B Misdemeanor
Class B misdemeanors can be punishable by up to 6 months in county jail, plus fines up to $3,000. Examples include harassment, disorderly conduct, and criminal trespass in the third degree.

Class C Misdemeanor
The least serious level. Punishable by up to 3 months in county jail and fines up to $500. Examples include loitering and minor traffic violations.

How Bad is a Misdemeanor?

Any criminal record can be negative for you and your future. The severity of a misdemeanor charge depends on the crime committed. For example, minor traffic violations have lighter penalties than possession of marijuana in Alabama.

If you’re uncertain about potential penalties if convicted of a crime, we encourage you to schedule a free case review with our team.

What is a Felony in Alabama?

Felonies are the most serious category of criminal offenses in Alabama. A felony conviction can result in significant prison time and heavy fines. But more importantly, you could suffer lifelong consequences.

Classes of Felonies in Alabama

Alabama classifies felonies into four categories:

Class A Felony
The most serious non-capital offense. Punishable by 10 years to life in prison. Examples include murder, first-degree rape, first-degree robbery, and first-degree kidnapping.

Class B Felony
Punishable by 2 to 20 years in prison. Examples include first-degree burglary, second-degree rape, manufacturing controlled substances, and first-degree assault.

Class C Felony
Punishable by 1 year and 1 day to 10 years in prison. Examples include second-degree burglary, possession of a controlled substance, and theft of property over $2,500.

Class D Felony
The least serious felony level. Punishable by 1 year and 1 day to 5 years in prison. Examples include certain drug possession charges and theft of property between $500-$1,500 (third offense).

What a Felony Could Mean for You

Even the charge of a felony has a devastating impact. One of our clients faced an alleged charge. They lost their job and suffered marital and housing complications.

Unfortunately, felony cases often take years to move through Alabama's justice system. For example, drug cases typically take the longest.

That is one of the reasons we are aggressive as a firm. We try to resolve cases as early as possible. We want our clients to not wait years with a felony charge shadowing every part of their lives.

Understanding the Key Differences: Misdemeanor vs. Felony

The main differences between misdemeanors and felonies in Alabama include potential sentencing, impacted rights, and lost employment opportunities.

Where You Serve Time
Misdemeanors are served in county jail; felonies are served in state prison.

Length of Sentence
Misdemeanors max out at 1 year; felonies can result in life imprisonment.

Impact on Rights
Felony convictions affect the right to vote, right to own a firearm, and other civil liberties.

Employment Consequences
Charges affect employment opportunities. However, felony convictions typically create more barriers.

Expungement Possibilities
Different rules apply for clearing misdemeanors or felonies from your record. For example, only non-violent felonies can be considered for expungement in Alabama.

Long-Term Consequences You Need to Know

The consequences of a conviction range far. We currently have clients who, if found guilty, could lose their jobs. They may struggle to finish education or lose professional licenses.

A criminal conviction affects your life beyond immediate penalties. For example, you may have trouble finding housing, because many landlords run background checks. You could also face trouble getting professional licenses (healthcare, education, law, real estate) or finding employment. You also need to consider any child custody.

How Charges Can Be Reduced or Dismissed

Charges are not always fixed. Many clients ask us, “Can a misdemeanor turn into a felony?”

Yes, a misdemeanor can become a felony, or vice versa, depending on circumstances.

• Repeat offenses may elevate charges (e.g., third DUI becomes a felony)
• Aggravating factors can increase severity
• Skilled defense may result in charge reductions
• Plea negotiations can sometimes reduce felonies to misdemeanors

One of the most important roles as a criminal defense lawyer is to evaluate a case for weaknesses or holes. This also means knowing when there may not be a viable defense. We try to reach the best possible resolution with the least consequences.

An Example of Increased Charges

After decades of defending criminal cases in Alabama, we have seen almost everything. In December of 2025, a client approached us with a unique situation. A simple theft charge had escalated to a felony.

Alabama divides theft of property charges into degrees. The value of the allegedly stolen item decides the charges.

In this situation, an older phone was the item in question. When a new product, the phone met the price threshold of a felony. However, in its present state, the phone was not worth more than a couple of hundred dollars.

We explained these circumstances to the prosecutor to convince them that they overcharged the case.

What to Do If You're Facing Charges

The best time to hire a criminal defense lawyer is before you are charged. The next best time is immediately after. A misdemeanor or felony charge in Alabama is overwhelming. Don't make the mistake of thinking you can handle it alone.

How JB Brown Criminal Trial Practice Could Help You

When you're facing a potential charge for crime in Alabama, you need a good lawyer immediately. Our law firm is powered by decades of combined experience. We will guide you through the process and explain the system.

Our legal team also assists with expungements of felony convictions and misdemeanors.

Book a free case review at 205-774-9331 today.