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.
