Ala. Code
Code of Alabama

Ala. Code § 32-10-6 (2026)

Penalty for Violation of Sections 32-10-1 through 32-10-5. (Amended by Act 2026-64)

✓ official Alabama Legislature (ALISON) text, current July 2026
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AMENDED BY ACT 2026-64, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

Every person convicted of violating Sections 32-10-1 through 32-10-5 or any of the provisions thereof, when such violation involved only damage to property, shall be punished the same as prescribed by law for a Class A misdemeanor; provided, however, that every person convicted of violating such sections, or any provisions thereof, when such violation involved death or personal injury, shall be punished the same as prescribed by law for a Class C felony.

(Acts 1945, No. 427, p. 670; Acts 1985, 2nd Ex. Sess., No. 85-918, p. 197.)

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1986–2025 · leading case: Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005).
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Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005). · cites it 5× “Code 1975, and the penalty therefor was provided in § 32-10-6, Ala.Code 1975. [4] The Court held that Martin had been properly sentenced as a habitual offender because an express and separate sentencing provision had not been established for a violation of § 32-10-1 and because…”
Hayes v. State, 588 So. 2d 502 (Ala. Crim. App. 1991). · cites it 2× “Ala.Code 1975, § 32-10-6. The statutory penalty for this offense is "not more than 10 years or less than 1 year and 1 day.”
Ex Parte State, 493 So. 2d 995 (Ala. 1986). “…Code 1975, § 8-6-18 (securities); § 22-22-14 (water pollution control); § 22-30-19 (hazardous waste management); § 32-10-6 (motor vehicle accidents); § 36-25-27 (code of ethics). Under Article 1, Section 6, the right of the accused to demand the nature and cause of the…”
Bishop State Cmty. Coll. v. Thomas, 13 So. 3d 978 (Ala. Civ. App. 2009). “” Section 32-10-6, Ala.Code 1975, provides that a violation of § 32-10-2 is a Class C felony "when such violation involved .”
Mayfield v. State, 545 So. 2d 92 (Ala. 1988). · cites it 2× “Originally, the Court of Criminal Appeals reversed the defendant’s conviction on the ground that Ala.Code 1975, § 32-10-6, was constitutionally defective, because, that court wrote, the accused could not learn whether he had been charged with a misdemeanor or a felony until…”
Dailey v. State Farm Mut. Auto. Ins. Co., 270 So. 3d 274 (Ala. Civ. App. 2018). · cites it 2× “the office of the county sheriff or to the state highway patrol" if the accident occurs outside municipal limits, Ala. Code 1975, § 32-10-5(a), and violations of that duty are punishable as felonies under Ala.”
Martin v. State, 625 So. 2d 455 (Ala. Crim. App. 1992). · cites it 2× “1 The penalty for a violation of § 32-10-1 is proscribed by § 32-10-6, which provides: “Every person convicted of violating sections 32-10-1 through 32-10-5 or any of the provisions thereof, when such violation *456 involved only damage to property, shall be punished the same as…”
Woods v. State, 224 So. 3d 677 (Ala. Crim. App. 2016). “Code 1975, § 32-10-2, § 32-10-6. However, the grand jury indicted Russell only for the misdemeanor offense of leaving the scene of an accident.”
Burnett v. State, 494 So. 2d 200 (Ala. Crim. App. 1986). · cites it 3× “Burnett now seeks to withdraw his guilty plea upon the grounds that the applicable statutes, § 32-10-2 and § 32-10-6, Code of Alabama 1975, are unconstitutional because § 32-10-6 provides for both felony and misdemeanor punishments for violation of § 32-10-2.”
State v. J.Z.S., 808 So. 2d 1220 (Ala. Crim. App. 2000). “Section 32-10-6 provides the punishment for violating §§ 32-10-1 through -5.”
Mayfield v. State, 545 So. 2d 87 (Ala. Crim. App. 1986). · cites it 2× “” § 32-10-6, Code of Alabama (1975).” Appellant successfully argues that this sentencing scheme suffers from the same constitutional infirmity as the statute declared unconstitutional in the recent case of Whirley v.”
Shivener v. State, 958 So. 2d 913 (Ala. Crim. App. 2006). “See § 32-10-6, Ala.Code 1975. Therefore, the appellant’s initial fifteen-year sentence on the reckless murder conviction and ten-year sentence on the leaving the scene conviction were valid sentences.”
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