(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000;
(2) For a Class B misdemeanor, not more than $3,000;
(3) For a Class C misdemeanor, not more than $500; 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) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(c) 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.
(d) 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.
(Acts 1977, No. 607, p. 812, §1245; Acts 1979, No. 79-471, p. 862, §1; Act 2006-197, p. 284, §1.)
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1992–2023 · leading case:
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
· cites it 3× “§ 13A-5-12(a)(1). A Class C misdemeanor is punishable by not more than three months in jail, § 13A-5-7(a)(3), and a fine of not more than $500.”
Ray v. Jud. Corr. Servs., Inc., 270 F. Supp. 3d 1262 (N.D. Ala. 2017).
· cites it 2× “statutory cap because the statutory cap in- Alabama Code § 13A-5-12(a)(3) only concerns fines.”
Ex Parte Long, 600 So. 2d 982 (Ala. 1992).
“Criminally negligent homicide is a Class A misdemeanor, which is punishable by imprisonment for not more than one year, § 13A-5-7(a)(1), and a fine of not more than $2,000, § 13A-5-12(a)(1). Furthermore, the range of statutes and ordinances that might support a conviction of…”
Sperau v. Ford Motor Co., 674 So. 2d 24 (Ala. 1995).
“" Section 13A-5-12(a)(1) and (a)(4). In Alabama, juries imposed fines and fixed sentences at the time of the ratification of the Constitution of Alabama of 1901.”
Dent v. State, 714 So. 2d 985 (Ala. Civ. App. 1997).
“Class A misdemeanors are punishable by fines of not more than $2,000, § 13A-5-12(a)(1), and/or imprisonment in the county jail not to exceed one year, § 13A-5-7(a)(1).”
Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014).
· cites it 2× “” Section 13A-5-12 provides a range of fines applicable to misdemeanors and violations.”
Tulley v. City of Jacksonville, 199 So. 3d 812 (Ala. 2015).
“Class C felony or misdemeanor), § 13A-5-7 (setting out the punishment for Class A, B, and C misdemeanors)» and § 13A-5-12 (setting out fines for Class A, B, and C misdemeanors) provided a punishment for a violation of § 13A-11-52.”
Moser v. City of Birmingham, 647 So. 2d 100 (Ala. Crim. App. 1994).
“The appellant contends that his fine of $250 on the public intoxication charge is excessive because it exceeds the amount specified for violating § 13A-5-12, Code of Alabama 1975. However, the appellant was charged with violating § 11-6-12 of the Birmingham City Code 1980.”
Deborah R. Tisdale v. State of Alabama (Ala. Crim. App. 2022).
“Rosinton Water, Sewer, & Fire 5-7; or "(2) Pay a fine authorized by Section 13A-5-12; or "(3) Both such imprisonment and fine.”
St. John Life Ctr. v. State of Alabama (Ala. 2023).
“According to the claimants, gambling offenses are either Class A or Class C misdemeanors under Alabama law, see §§ 13A-12-21 through 13A-12-25 and § 13A-12-27, Ala.”
— Ala. Code § 13A-5-12(a)(1) — 5 cases
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
“§ 13A-5-12(a)(1). A Class C misdemeanor is punishable by not more than three months in jail, § 13A-5-7(a)(3), and a fine of not more than $500.”
Ex Parte Long, 600 So. 2d 982 (Ala. 1992).
“Criminally negligent homicide is a Class A misdemeanor, which is punishable by imprisonment for not more than one year, § 13A-5-7(a)(1), and a fine of not more than $2,000, § 13A-5-12(a)(1). Furthermore, the range of statutes and ordinances that might support a conviction of…”
Sperau v. Ford Motor Co., 674 So. 2d 24 (Ala. 1995).
“" Section 13A-5-12(a)(1) and (a)(4). In Alabama, juries imposed fines and fixed sentences at the time of the ratification of the Constitution of Alabama of 1901.”
Dent v. State, 714 So. 2d 985 (Ala. Civ. App. 1997).
“Class A misdemeanors are punishable by fines of not more than $2,000, § 13A-5-12(a)(1), and/or imprisonment in the county jail not to exceed one year, § 13A-5-7(a)(1).”
St. John Life Ctr. v. State of Alabama (Ala. 2023).
“According to the claimants, gambling offenses are either Class A or Class C misdemeanors under Alabama law, see §§ 13A-12-21 through 13A-12-25 and § 13A-12-27, Ala.”
— Ala. Code § 13A-5-12(a)(3) — 1 case
Ray v. Jud. Corr. Servs., Inc., 270 F. Supp. 3d 1262 (N.D. Ala. 2017).
“statutory cap because the statutory cap in- Alabama Code § 13A-5-12(a)(3) only concerns fines.”
— Ala. Code § 13A-5-12(a)(4) — 1 case
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
“§ 13A-5-12(a)(1). A Class C misdemeanor is punishable by not more than three months in jail, § 13A-5-7(a)(3), and a fine of not more than $500.”
— Ala. Code § 13A-5-12(b) — 1 case
Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014).
“” Section 13A-5-12 provides a range of fines applicable to misdemeanors and violations.”
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