Alabama “D” Class Felonies

In May of 2015 Senate Bill 67 was passed to reduce recidivism, increase public safety, and lower corrections costs.  It created the new “D” Class Felonies.  Section 13A-5-6(a)(4)  covers D class felonies.  The new felony has a sentencing range of not more than 5 years and not less than a year and one day.  D class felonies now include, Possession of Marijuana 1, for personal use, unlawful possession of a controlled substance, Theft of Property 3, Theft of services 3, Receiving stolen property 3, Theft of lost Property 3, Criminal Possession of a Forged Instrument 4, Forgery 3, Illegal Possession/Fraudulent use of a Credit/Debit card.  The really good news of this new law is that Class D felons are not subject to the Habitual Offender sentencing standards.  However, if you have 2 or more class A or B Felonies with the commission of a class D, they will sentence you as if you committed a Class C and if you have 3 or more felonies of any class, they will sentence you as a class C when you receive another Class D.  It is still far better than treatment under the Habitual Offender Act.