What are the sentence for escape 3rd degree in Alabama?

10/05/2007 - Category:Criminal - Sentences - State: AL #9712

Full Question:

What are the sentence for escape 3rd degree in Alabama?

Answer:

The applicable Alabama statutes are as follows:

IC 35-44-3-5 A person, except as provided in subsection (b), who intentionally flees from lawful detention commits escape, a Class C felony.
(a) A person, except as provided in subsection (b), who intentionally flees from lawful detention commits escape, a Class C felony. However, the offense is a Class B felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
(b) A person who knowingly or intentionally violates a home detention order or intentionally removes an electronic monitoring device commits escape, a Class D felony.
(c) A person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Class D felony. However, the offense is a Class C felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
§ 13A-10-33. Escape in the third degree.
(a) A person commits the offense of escape in the third degree if he escapes or attempts to escape from custody.
(b) Escape in the third degree is a Class C felony.
§ 13A-5-6. Sentences of imprisonment for felonies.
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:
(1) For a Class A felony, for life or not more than 99 years or less than 10 years.
(2) For a Class B felony, not more than 20 years or less than 2 years.
(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.
(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 20 years.
(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 10 years.
(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.
(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20-25.3, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
§ 13A-5-9. Habitual felony offenders — Additional penalties.
(a) In all cases when it is shown that a criminal defendant has been previously convicted of a felony and after the conviction has committed another felony, he or she must be punished as follows:
(1) On conviction of a Class C felony, he or she must be punished for a Class B felony.
(2) On conviction of a Class B felony, he or she must be punished for a Class A felony.
(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(b) In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies and after such convictions has committed another felony, he or she must be punished as follows:
(1) On conviction of a Class C felony, he or she must be punished for a Class A felony.
(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years.
(c) In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies and after such convictions has committed another felony, he or she must be punished as follows:
(1) On conviction of a Class C felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or any term of not less than 20 years.
(3) On conviction of a Class A felony, where the defendant has no prior convictions for any Class A felony, he or she must be punished by imprisonment for life or life without the possibility of parole, in the discretion of the trial court.
(4) On conviction of a Class A felony, where the defendant has one or more prior convictions for any Class A felony, he or she must be punished by imprisonment for life without the possibility of parole.
§ 13A-5-11. Fines for felonies.
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A felony, not more than $60,000;
(2) For a Class B felony, not more than $30,000;
(3) For a Class C felony, not more than $15,000; or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(b) As used in this section, "gain" means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. "Value" shall be determined by the standards established in subdivision (14) of Section 13A-8-1.
(c) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from the crime according to procedures established by rule of court.
(d) This section shall not apply if a higher fine is otherwise authorized by law for a specific crime.


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10/05/2007 - Category: Sentences - State: AL #9712

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