MISDEMEANOR OFFENSES AND VIOLATIONS
The state of Alabama defines a misdemeanor as "an offense for which a sentence to a term of imprisonment not in excess of one year may be imposed."Section 13A-1-2(9) Code of Alabama . If your case is in a Municipal Court in the state of Alabama you are most likely charged with either a misdemeanor offense or a violation. A violation is defined as "an offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed"Section 13A-1-2(16) Code of Alabama
While misdemeanors and violations are subject to far less punishment than most felony offenses, they can still have great consequences beyond the potential for incarceration. This is because, if you have a conviction, that conviction will remain with you under Alabama law for your entire life and this can affect your ability to secure or maintain employment as well as negatively affect you in other areas such as child custody, firearms rights, and many other areas.
The state of Alabama has many, many misdemeanor offenses. Some of the more common offenses are listed here:
COMMON MISDEMEANOR CHARGES.
(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he or she does any of the following:
(1) Engages in fighting or in violent tumultuous or threatening behavior.
(2) Makes unreasonable noise.
(3) In a public place uses abusive or obscene language or makes an obscene gesture.
(4) Without lawful authority, disturbs any lawful assembly or meeting of persons.
(5) Obstructs vehicular or pedestrian traffic, or a transportation facility.
(6) Congregates with another person in a public place and refuses to comply with a lawful order of law enforcement to disperse.
(b) Disorderly conduct is a Class C misdemeanor.
(c) It shall be a rebuttable presumption that the mere carrying of a visible pistol, holstered or secured, in a public place, in and of itself, is not a violation of this section.
(d) Nothing in Act 2013-283 shall be construed to prohibit law enforcement personnel who have a reasonable suspicion from acting to prevent a breach of the peace or from taking action to preserve public safety.
Section 13A-11-7. ; Code of Alabama (1975)
(a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.
b. Directs abusive or obscene language or makes an obscene gesture towards another person.
(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.
(3) Harassment is a Class C misdemeanor.
(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:
a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.
b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.
c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.
Nothing in this section shall apply to legitimate business telephone communications.
(2) Harassing communications is a Class C misdemeanor.(Acts 1977, No. 607, p. 812, §5525; Act 2013-283, p. 938, §§2, 10.)
Section 13A-11-8, ; Code of Alabama (1975)
HINDERING PROSECUTION IN THE SECOND DEGREE.
.(a) A person commits the crime of hindering prosecution in the second degree if with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a Class C felony or a Class A misdemeanor, he renders criminal assistance to such person.
(b) Hindering prosecution in the second degree is a Class A misdemeanor.
Criminal assistance means either harboring or concealing a person wanted for a crime or morning. A person about their discovery your potential apprehension or providing that person with money, transportation a weapon or a disguise. It also means that someone through the use of force or deception or intimidation does something to prevent the discovery or apprehension of a person who is a person who is wanted by law enforcement.
Section 13A-10-44; ; Code of Alabama (1975)
A person commits the crime of resisting arrest. If he intentionally prevents or attempts to prevent a peace officer from effecting a lawful arrest on himself or another person. Section 13A-10-41; Code of Alabama (1975)
ELUDING OR ATTEMPTING TO ELUDE A LAW ENFORCEMENT OFFICER.
Fleeing or attempting to elude law enforcement officer.
(a) It shall be unlawful for a person to intentionally flee by any means from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person.
(b) It shall be unlawful for a person while operating a motor vehicle on a street, road, alley, or highway in this state, to intentionally flee or attempt to elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.
(c) A violation of subsection (a) or (b) is a Class A misdemeanor unless the flight or attempt to elude causes an actual death or physical injury to innocent bystanders or third parties, in which case the violation shall be a Class C felony. In addition, the court shall order the suspension of the driver's license of the defendant for a period of not less than six months nor more than two years.
Section 13A-10-52; Code of Alabama (1975)
OBSTRUCTING GOVERNMENTAL OPERATIONS
(a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he:
(1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function; or
(2) Intentionally prevents a public servant from performing a governmental function.
(b) This section does not apply to the obstruction, impairment or hindrance of the making of an arrest.
(c) Obstructing governmental operations is a Class A misdemeanor.
Section 13A-10-2; Code of Alabama (1975)