Code of Alabama
Ala. Code § 13A-5-2 (2026)
Authorized Dispositions.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10.
(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the court to pay a fine authorized by Section 13A-5-11.
(c) Every person convicted of a misdemeanor or violation shall be sentenced by the court to:
(1) Imprisonment for a term authorized by Section 13A-5-7; or
(2) Pay a fine authorized by Section 13A-5-12; or
(3) Both such imprisonment and fine.
(d) Every person convicted of a felony, misdemeanor, or violation, except for the commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed on probation as authorized by law.
(e) This article does not deprive a court of authority conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license or permit, remove a person from office, cite for contempt, or impose any other lawful civil penalty. Such a judgment, order, or decree may be included as part of the sentence.
(f) Every person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the offense, as authorized by subsection (c) of Section 13A-6-2.
(Acts 1977, No. 607, p. 812, §1205; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2015-463, §1; Act 2016-360, §1.)
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1991–2024 · leading case: Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999).
Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999). “§ 26-23-3; see also Ala.Code §§ 13A-5-2, -6(a)(3), -11(a)(3) (1994); Ala.”
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998). “§ 26—22—3(d); see also 1975 Ala.Code §§ 13A-5-2, 13A-5-6(a)(1), & 13A-5-ll(a)(l) (Michie 1994).”
Ex Parte Rice, 766 So. 2d 143 (Ala. 1999). “…99 years or less than 10 years," see § 13A-5-2(f) and § 13A-5-6(a)(1), and by a fine of not more than $20,000, see § 13A-5-2(b); § 13A-5-11(a)(1). The cardinal rule of statutory interpretation is to determine and give effect to the intent of the legislature as manifested in…”
Armstrong v. Roger's Outdoor Sports, 581 So. 2d 414 (Ala. 1991). “607, § 1205, now Code of Alabama 1975, § 13A-5-2, confers upon the trial court the power to punish by imprisonment and fine.”
Singleton v. State, 209 So. 3d 529 (Ala. Crim. App. 2015). “Although Singleton contends on appeal that the circuit court’s sentence granting him probation was illegal because § 13A-5-2(d) prohibits probation for a person convicted of a sex offense involving a child, this Court has previously recognized that the Split Sentence Act “allows…”
Alabama Educ. Ass'n v. Bentley, 788 F. Supp. 2d 1283 (N.D. Ala. 2011). “§§ 13A-5-2(c), 13A-5-7(a)(l), 13A-5-12(a)(1).”
Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). “” Also, § 13A-5-2(a), Ala.Code 1975, provides: “Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6,13A-5-9, and 13A-5-10.”
Ex Parte Apicella, 809 So. 2d 865 (2001). “Acts 1977 (codified at Ala.Code 1975, § 13A-5-2), removed from the jury the right to sentence and to fix and determine the amount of fines.”
Deborah R. Tisdale v. State of Alabama (Ala. Crim. App. 2022). “) The State argues that § 13A-5-4(b) applies to § 3-1-28 and thus a violation of § 3-1-28 "is punishable as a Class C misdemeanor" under § 13A-5-2(c), Ala. Code 1975.3 3Section 13A-5-2(c) provides: "Every person convicted of a misdemeanor … shall be sentenced by the court to:…”
Click v. State, 215 So. 3d 1189 (Ala. Crim. App. 2016). “This act shall apply to any person under the age of 18 years at the time an offense was committed who was sentenced to life without the possibility of parole under Section 13A-5-2, 13A-5-39, 13A-5-43, or 13A-6-2, Code of Alabama 1975, whether the person is currently incarcerated…”
Wynn v. State, 246 So. 3d 163 (Ala. Crim. App. 2016). “" Section 13A-5-2(f), Ala. Code 1975, was recently modified to read: "Every person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that…”
Debra Bracewell v. State of Alabama (Appeal from Covington Circuit Court: CC-78-26) (Ala. Crim. App. 2024). “First, the Legislature amended § 13A-5-2(b) to provide that '[e]very person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that he or…”
— Ala. Code § 13A-5-2(a) — 1 case
Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). “” Also, § 13A-5-2(a), Ala.Code 1975, provides: “Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6,13A-5-9, and 13A-5-10.”
— Ala. Code § 13A-5-2(b) — 2 cases
Ex Parte Rice, 766 So. 2d 143 (Ala. 1999). “…99 years or less than 10 years," see § 13A-5-2(f) and § 13A-5-6(a)(1), and by a fine of not more than $20,000, see § 13A-5-2(b); § 13A-5-11(a)(1). The cardinal rule of statutory interpretation is to determine and give effect to the intent of the legislature as manifested in…”
Debra Bracewell v. State of Alabama (Appeal from Covington Circuit Court: CC-78-26) (Ala. Crim. App. 2024). “First, the Legislature amended § 13A-5-2(b) to provide that '[e]very person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that he or…”
— Ala. Code § 13A-5-2(c) — 2 cases
Alabama Educ. Ass'n v. Bentley, 788 F. Supp. 2d 1283 (N.D. Ala. 2011). “§§ 13A-5-2(c), 13A-5-7(a)(l), 13A-5-12(a)(1).”
Deborah R. Tisdale v. State of Alabama (Ala. Crim. App. 2022). “) The State argues that § 13A-5-4(b) applies to § 3-1-28 and thus a violation of § 3-1-28 "is punishable as a Class C misdemeanor" under § 13A-5-2(c), Ala. Code 1975.3 3Section 13A-5-2(c) provides: "Every person convicted of a misdemeanor … shall be sentenced by the court to:…”
— Ala. Code § 13A-5-2(d) — 1 case
Singleton v. State, 209 So. 3d 529 (Ala. Crim. App. 2015). “Although Singleton contends on appeal that the circuit court’s sentence granting him probation was illegal because § 13A-5-2(d) prohibits probation for a person convicted of a sex offense involving a child, this Court has previously recognized that the Split Sentence Act “allows…”
— Ala. Code § 13A-5-2(f) — 2 cases
Ex Parte Rice, 766 So. 2d 143 (Ala. 1999). “…99 years or less than 10 years," see § 13A-5-2(f) and § 13A-5-6(a)(1), and by a fine of not more than $20,000, see § 13A-5-2(b); § 13A-5-11(a)(1). The cardinal rule of statutory interpretation is to determine and give effect to the intent of the legislature as manifested in…”
Wynn v. State, 246 So. 3d 163 (Ala. Crim. App. 2016). “" Section 13A-5-2(f), Ala. Code 1975, was recently modified to read: "Every person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death, life imprisonment without parole, or life imprisonment in the case of a defendant who establishes that…”
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