How does sentencing work in Alabama?

The gavel falls. The jury has spoken. The plea is entered. The next step is sentencing. “What’s going to happen to my loved one?” “What’s going to happen to me?” It is a scary step in the criminal justice process and one that has significant consequences.

But how does it work?

Like many states, Alabama has a sentencing system that aims to eliminate unwarranted disparities in sentences, retain judicial discretion, and provide “truth-in-sentencing.” [1] Sentencing in felony cases requires a completed sentencing standard worksheet be presented to the judge for consideration. [2] The judge must then assess the standards worksheet and consider whether the sentencing standards established are appropriate. [3] The judge “may” provide a brief written reason if he or she departs from the standard. [4]

Certain principles guide sentencing: 

“The sentence imposed in each case should call for the least restrictive sanction that is consistent with the protection of the public and the gravity of the crime. In determining the sentence, the court should evaluate the crime and its consequences, as well as the background and record of the defendant and give serious consideration to the goal of sentencing equality and the need to avoid unwarranted disparities.

Judges should be sensitive to the impact their sentences have on all components of the criminal justice system and should consider alternatives to long-term institutional confinement or incarceration in cases involving offenders whom the court deems to pose no serious danger to society.” [5]

The defendant must be present at the sentencing hearing. [6] The defendant must also be offered the opportunity to speak on his or her own behalf before the sentence is imposed. [7] The terms of the sentence, credit for time served, and right to appeal must also be explained. [8] A presence report may be required prior to sentencing which may contain the circumstances of and around the offense, the defendant’s prior record, the defendant’s education and employment background, the defendant’s social history, the defendant’s medical and psychological history, victim impact statements, and any other information required by the court. [9]

So how do the sentencing standards work?

The sentencing standards are available here, and at the link below and provide detailed instructions on calculating the sentence. [10] The worksheet is to be used only for worksheet offense convictions and are not intended to be used for offenses not covered. [11] These offenses include assault, manslaughter, murder, rape, robbery, sodomy, felony DUI, manufacturing a controlled substance, possession or sale of marijuana, burglary, forgery, possession of a forged instrument, receiving stolen property, theft, unlawful possession or use of a credit or debit card, and unauthorized use or breaking & entering a vehicle. [12] Where two or more offenses are present for sentencing, five rules guide the preparer on determining the most serious offense. [13] In calculating the prior record, any ambiguous entry in the prior record must be resolved to the benefit of the defendant. [14] Sentences that do not comport with the presumptive sentencing standards are considered departure sentences and may be entered only upon findings of aggravating factors and/or mitigating factors that justify the departure. [15]

Mitigating factors include the following circumstances:

1. The defendant’s participation in the crime was relatively minor or the defendant acted under extreme duress or under the substantial domination of another person.

2. At the time of the offense, the defendant was under the influence of extreme mental or emotional disturbance.

3. The defendant’s age or capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law at the time of the crime significantly reduced the defendant’s culpability at the time the offense was committed.

4. The defendant has made substantial or full restitution to the victim(s).

5. The defendant has provided substantial assistance in the investigation or prosecution of another person who is alleged to have committed an offense.

6. The defendant has received an honorable discharge from the United States armed forces.

7. The defendant has been a person of good character or has a good reputation in the community in which the defendant lives.

8. The defendant has entered and is currently involved in or has successfully completed a drug treatment program or an alcohol treatment program subsequent to arrest and prior to trial.

9. The defendant has a strong positive support system in the community or has exhibited a positive employment history.

10. Any other “mitigating factor” reasonably related to the purposes of sentencing.[16]

Aggravating factors include the following:

1. The crime involved multiple participants in the criminal conduct, and the defendant played a major role in the crime as the leader, organizer, recruiter, manager, or supervisor.

2. The offense was committed for the benefit of, or at the discretion of, any street gang as defined in ALA. CODE 13A-6-26(a), with the specific intent to promote, further, or assist in criminal activity by street gang members.

3. The defendant was hired or paid to commit the offense.

4. The defendant held public office at the time of the offense and the offense was related to the conduct of the office.

5. The offense involved a fiduciary relationship, including a domestic relationship, which existed between the defendant and victim.

6. The victim was particularly vulnerable due to age, infirmity, or reduced physical capacity that was known or should have been known to the defendant.

7. The defendant was incarcerated, on pretrial release, on probation or parole, or serving a community corrections sentence at the time the crime was committed, or otherwise under sentence of law.

8. The offender being 18 or more years of age employs, hires, uses, persuades, induces, entices, or coerces an individual under 16 years of age to assist in the crime or to assist in avoiding detection or apprehension.

9. The offense involved an attempted or actual taking or receipt of property of great monetary value or damage causing great monetary loss to the victim(s).

10. The offense involved a high degree of sophistication or planning, occurred over a lengthy period of time, involved multiple victims, or involved a single victim victimized more than once.

11. The commission of the offense created a substantial risk to human health or safety or a danger to the environment.

12. The defendant exposed a child under 17 years of age to criminal conduct and/or endangerment.

13. The defendant was motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, sexual orientation, or physical or mental disability to commit the offense.

14. The defendant used the identity of another person without authorization to commit the crime.

15. Any other “aggravating factor” reasonably related to the purposes of sentencing.[17]

Different worksheets apply for different crimes, which are all included in the guidelines. For example, a manslaughter conviction with no prior record would score a total of 238 points. [18] This would provide a low sentence range of 78 months, mid-range sentence of 126 months, and high sentence range of 173 months. [19] For a split sentence, the low range would be 18 months, mid-range would be 33 months, and high range would be 36 months. [20]

Certain split sentences are authorized for sentences under 30-years and convictions that do not involve children. Where a defendant is convicted of a Class A, Class B, Class C, or Class D felony and the sentence is less than 15-years prison, the defendant can be confined in prison for up to 3-years with the remainder suspended. [21] Where a defendant is convicted of a Class A, Class B, or Class C felony and the sentence imposed is between 15-20 years, the defendant can be confined in prison for 3-5 years with the remainder suspended. [22] Where a defendant is convicted of a Class A, Class B, or Class C felony and the sentence imposed is between 20-30 years, the defendant can be confined for at least 10-years with the remainder suspended. [23] Consecutive split sentences may be imposed. [24]

Sentencing issues are an important and complicated part of criminal appeals and postconviction review. If you or someone you love is in need of help, contact Peter Armstrong, Attorney at Law, for a free consultation.

References:

1.    Alabama Code § 12-25-31(b). (https://law.justia.com/codes/alabama/title-12/chapter-25/article-2/section-12-25-31/)

2.    Alabama Code § 12-25-35(a). (https://law.justia.com/codes/alabama/title-12/chapter-25/article-2/section-12-25-35/)

3.    Id. at (b).

4.    Id. at (c).

5.    Alabama Rule of Criminal Procedure 26.8. (https://judicial.alabama.gov/docs/library/rules/cr26_8.pdf)

6.    Alabama Rule of Criminal Procedure 26.7. (https://judicial.alabama.gov/docs/library/rules/cr26_7.pdf)

7.    Alabama Rule of Criminal Procedure 26.9(b). (https://judicial.alabama.gov/docs/library/rules/cr26_9.pdf)

8.    Id.

9.    Alabama Rule of Criminal Procedure 26.3. (https://judicial.alabama.gov/docs/library/rules/cr26_3.pdf)

10. Sentencing standards available at https://sentencingcommission.alacourt.gov/sentencing-standards/

11. Id. at p. 25.

12. Id. at p. 23-24.

13. Id. at p. 25-26.

14. Id. at p. 26.

15. Id. at p. 27.

16. Id. at p. 31

17. Id. at p. 32.

18. Id. at p. 91.

19. Id. at p. 94.

20. Id. at p. 20.

21. Alabama Code § 15-18-8(a)(1). (https://law.justia.com/codes/alabama/title-15/chapter-18/article-1/section-15-18-8/)

22. Id. at (a)(2).

23. Id. at (a)(3).

24. Ex parte Elston, 413 So. 3d 717, 724 (Ala. 2024).