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Burglary

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Linda Junkins

Guest
What is the name of your state? Alabama, what is the usual sentence for 3rd degree burglary in Alabama? Husband has long term alcohol related arrest record. Thank you.
 


JETX

Senior Member
Code of Alabama:
"Section 13A-7-7
Burglary in the third degree.
(a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
(b) Burglary in the third degree is a Class C felony."

"Section 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, 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, 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."

"Section 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 $20,000.00;
(2) For a Class B felony, not more than $10,000.00;
(3) For a Class C felony, not more than $5,000.00; 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."
Source for the above: http://www.legislature.state.al.us/CodeofAlabama/1975/13297.htm

Summary, he could be sentenced to a prison term of a minimum of 1 year, to a maximum of 10 years. Plus a fine of up to $5,000.00. The court will consider his prior record in sentencing.
 

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