Public-domain · open source
OpenJurist

Ala. Code § 13A-5-12

Fines for Misdemeanors and Violations.

Known as the Alabama Criminal Code

The act spans §§ 13A-10-1 to 13A-9-92 (653 sections).

Applied in 1 court decision — leading case Ray v. Judicial Correction Services, Inc. (2017)

Most recently applied in Ray v. Judicial Correction Services, Inc. (September 2017)

(Acts 1977, No. 607, p. 812, §1245; Acts 1979, No. 79-471, p. 862, §1; Act 2006-197, p. 284, §1.)

(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.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.