The Alabama Sentencing Guidelines defines “non-violent” offenses as those offenses that are not classified by the Alabama Sentencing Commission as a “violent offense.” The Alabama Sentencing Guidelines contains a list of offenses that are considered as violent offenses, they include the following:
- Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.
- Murder pursuant to Section 13A-6-2.
- Manslaughter pursuant to Section 13A-6-3.
- Criminally negligent homicide pursuant to Section 13A-6-4.
- Assault I pursuant to Section 13A-6-20.
- Assault II pursuant to Section 13A-6-21.
- Compelling street gang membership pursuant to Section 13A-6-26.
- Kidnapping I pursuant to Section 13A-6-43.
- Kidnapping II pursuant to Section 13A-6-44.
- Rape I pursuant to Section 13A-6-61.
- Rape II pursuant to Section 13A-6-62.
- Sodomy I pursuant to Section 13A-6-63.
- Sodomy II pursuant to Section 13A-6-64.
- Sexual torture pursuant to Section 13A-6-65.l.
- Sexual abuse I pursuant to Section 13A-6-66.
- Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.
- Stalking pursuant to Section 13A-6-90.
- Aggravated stalking pursuant to Section 13A-6-91.
- Soliciting a child by computer pursuant to Section 13A-6-110.
- Domestic violence I pursuant to Section 13A-6-130.
- Domestic violence II pursuant to Section 13A-6-131.
- Burglary I pursuant to Section 13A-7-5.
- Burglary II pursuant to Section 13A-7-6.
- Burglary III pursuant to Section 13A-7-7.
- Arson I pursuant to Section 13A-7-41.
- Criminal possession of explosives pursuant to Section 13A-7-44.
- Extortion I pursuant to Section 13A-8-14.
- Robbery I pursuant to Section 13A-8-41.
- Robbery II pursuant to Section 13A-8-42.
- Robbery III pursuant to Section 13A-8-43.
- Pharmacy robbery pursuant to Section 13A-8-51.
- Terrorist threats pursuant to Section 13A-10-15.
- Escape I pursuant to Section 13A-10-31.
- Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.
- Intimidating a witness pursuant to Section 13A-10-123.
- Intimidating a juror pursuant to Section 13A-10-127.
- Treason pursuant to Section 13A-11-2.
- Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.
- Promoting prostitution I pursuant to Section 13A-12-111.
- Production of obscene matter involving a minor pursuant to Section 13A-12-197.
- Trafficking pursuant to Section 13A-12-231.
- Child abuse pursuant to Section 26-15-3.
- Elder abuse pursuant to Section 38-9-7.
- Terrorism pursuant to Section 13A-10-152.
- Hindering prosecution for terrorism pursuant to Section 13A-10-154.
Criminal offenses that are not listed above are classified as “non-violent offenses.” Non-violent offenses are eligible for a broader list of potential punishments, sentences and outcomes. Additionally, the Legislature has ordered that as of October 1, 2013, a sentence for a non-violent offense is presumed to be the sentence calculated under the guidelines. The Court can deviate from the guideline sentence only under certain circumstances.
The Alabama Sentencing Guidelines are complicated and you need the sound advice of an experienced Alabama criminal defense attorney to determine what the appropriate sentence is according to the complex guidelines. If you are facing a criminal prosecution, please call us at Bradford Ladner LLP today.
CONTACT BRADFORD LADNER LLP AT: 205-802-8823
TOLL FREE 1-855-587-6350
OR CONTACT US BY E-MAIL AT
info@bradfordladner.com
Bradford Ladner LLP is a Birmingham, Alabama based law firm focused on criminal defense, appeals, and litigation in all Alabama State trial courts and courts of appeal as well as in all Federal Courts Nationwide. The partners of Bradford Ladner LLP are William K. Bradford and Amber L. Ladner, Alabama litigation attorneys with over 30 years of courtroom experience.
