What are the sentence for escape 3rd degree in Alabama?
Full Question:
What are the sentence for escape 3rd degree in Alabama?
10/05/2007 |
Category: Criminal ยป Sentences |
State: Alabama |
#9712
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.
