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What Is a Class C (Third-Degree) Felony in Alaska?
In Alaska, third-degree felonies refer to Class C offenses based on the Alphabet-based classification system. Third-degree (Class C) felonies in Alaska are the third group of offenses under the state's felony category.
Class C felonies in Alaska are serious crimes, and under Alaska Statutes § 12.55.125(e), these offenses are punishable by up to five years in prison and a fine of up to $50,000.00. A first-time Class C felony conviction in Alaska may result in up to 5 years of imprisonment. Depending on the aggravating circumstances, a subsequent offense may result in presumptive sentencing, which may range up to 10 years imprisonment.
Although the penalties for Class C felony crimes in Alaska are less severe than those of Class A and Class B felonies, these are serious offenses that can significantly impact a person's freedom, civil rights, and long-term future.
Common Offenses That Fall Under Class C (Third-Degree) Felony Charges
Class C felonies in Alaska are serious but non-capital offenses. They are crimes punishable by up to 5 years in prison and fines that may range up to $50,000.00. The penalties for this class of offenses are not as severe as those for Class A and Class B felonies, yet their consequences can be life-changing. The types of crimes considered Class C offenses under Alaska laws include:
- Vehicle theft in the first degree
- Custodial interference in the first degree
- Concealment of merchandise with the intent to steal it
- Obtaining an access device or identification document by fraudulent means
- Forgery.
| Class C offense | Description |
|---|---|
| Forgery | Forging a public record, or a legally acceptable document |
| Concealment of merchandise with the intent to steal it | Concealing goods valued between $1,000.00 and $25,000.00 with the intent of stealing them |
| Vehicle theft in the first degree | Intentionally taking, driving, or keeping another person’s vehicle without permission and with the intent to deprive the owner of it either permanently or temporarily |
| Obtaining an access device or identification document by fraudulent means | Using deception, false statements, or other fraudulent actions to possess, acquire, or attempt to acquire another person's identity or device |
| Custodial interference in the first degree | knowingly taking, keeping, or hiding a child or incompetent person from their lawful custodian |
Penalties and Sentencing for Class C (Third-Degree) Felonies in Alaska
The penalties for Class C felonies in Alaska depict the seriousness of offenses in this category. Section 12.55.125(e) of the Alaska Statutes prescribes a maximum imprisonment of 5 years in addition to up to $50,000.00 fines as punishment for a Class C felony. However, sentencing for this category of crimes is not a blanket approach. While the Alaska Statutes prescribe the maximum penalties for this group of offenses, judges consider the circumstances surrounding specific crimes to punish within the limits of the law. For instance, aggravating and mitigating factors may influence the length of the prison term or the amount of fines.
Beyond prison terms, Alaska allows probation and Suspended Imposition of Sentence (SIS) for eligible crimes within this category based on the nature of the offense and the offender’s criminal history. Probation and SIS programs for eligible Class C offenses help offenders avoid prison terms for their crimes.
| Class C Felony | Presumptive Prison Term | Fines |
|---|---|---|
| First-time offender | Up to 5 years | Up to $50,000.00 |
| Second felony offense | 2 to 5 years | Up to $50,000.00 |
| Third or subsequent offenses | 3 to 5 years, or longer if there are aggravating factors | Up to $50,000.00. |
Will You Go to Jail for a Third-Degree Felony in Alaska?
Yes, a Class C felony in Alaska may result in imprisonment. Section 12.55.125(e) of the Alaska Statutes prescribes up to 5 years imprisonment for Class C felonies. Additionally, the prison terms for offenses in this category of felony may extend beyond 5 years if the offense involves aggravating factors.
However, offenders may avoid third-degree felony jail time if they are eligible for probation or Suspended Imposition of Sentence. Under these options, the court may impose conditions that help offenders avoid prison.
How Long Does a Class C (Third-Degree) Felony Stay on Your Record?
Generally, criminal convictions stay permanently on records unless they are expunged. However, unlike most states, Alaska does not have a general expungement or record-sealing statute. After a Class C felony conviction in Alaska, the information remains on the offender's record permanently. Nonetheless, § 12.55.085 of the Alaska Statutes provides a limited alternative through Suspended Imposition of Sentence. This option allows judges to suspend sentencing and impose probation whose completion may result in the court setting aside the conviction.
Can a Third-Degree Felony Be Sealed or Expunged in Alaska?
No, Alaska does not permit the sealing or expunction of third-degree felonies (Class C crimes) for adult convictions, unless in rare cases. Alaska limits the expungement of criminal offenses (including Class C felonies) to arrests that result in dismissals, acquittals, or cases resulting from mistaken identity.
In Alaska, the Suspended Imposition of Sentence (set-aside) option is the closest alternative to the removal of criminal records, and the only relief for felons if the court grants it. Under this set-up, judges delay entering a conviction judgment, allowing offenders to undergo probation. The offender typically completes a 1 to 3 years of probation on court-imposed conditions to avoid a prison sentence. After the probation, the record remains visible through background checks, but will be marked “set aside” to indicate that the owner completed the sentencing requirements.
How Class C (Third-Degree) Felonies Compare to First- and Second-Degree Felonies
Under Alaska’s alphabet-based classification of felonies, first-degree, second-degree, and third-degree felonies correspond to Class A, Class B, and Class C felonies. The differences between these categories of crimes are in their severity and penalties.
Class A felonies are among the most serious crimes under Alaska's criminal law. In severity, they are second only to Unclassified Felonies. This group of offenses is punishable with imprisonment of up to 20 years and fines ranging up to $250,000.00. Class A felonies in Alaska include assault in the first degree, manslaughter, and attempted sexual assault in the first degree.
Alaska classifies Class B felonies as less severe than Class A felonies but more serious than Class C. The penalties for this group of crimes include imprisonment of up to 10 years, plus potential fines of up to $100,000.00. Class B felonies in Alaska include, but are not limited to, assault in the second degree, robbery in the Second Degree, and misconduct involving a controlled substance in the second degree.
Alaska's Class C felonies are the lowest level crimes under the state’s felony classification. These offenses are punishable by up to 5 years imprisonment in a state penitentiary, plus fines that can range up to $50,000.00. Despite ranking low among the felony classes, offenses in this category can have life-changing impacts on their owners.
| Felony Class | Prison Sentence | Fines |
|---|---|---|
| Class A | Up to 20 years | Up to $250,000.00 |
| Class B | Up to 10 years | Up to $100,000.00 |
| Class C | Up to 5 years | Up to $50,000.00. |
How to Look Up Class C (Third-Degree) Felony Records in Alaska
Several options are available for accessing criminal records in Alaska, including Class C felonies. Individuals can access information about Alaska's Class C felony convictions online through the Alaska CourtView System. This search tool permits free access to Class C, other felony, and misdemeanor records. Alaska's Class C felony records are also accessible through Criminal History Record Requests to the Alaska Department of Public Safety (DPS) – Criminal Records and Identification Bureau. Access to felony records through this option requires fingerprints and includes a fee of $20.00 to $35.00.
Record seekers can also access Class C felony records through mail-in or in-person requests to the local Superior Court Clerk’s Office in the judicial district where the case occurred. A requester is required to provide the convict's full name, date of birth, and the case number, in addition to record search and copy fees.
| Source | Access Method | Document Availability | Costs |
|---|---|---|---|
| Alaska CourtView System | Online | Public and accessible | Free viewing access |
| Alaska Department of Public Safety | Mail-in/In-person | Requires fingerprints or the consent of the subject of the record | $20.00 to $35.00 |
| Superior Courts Clerk's Offices | Mail-in/In-person | Requesters are required to provide valid government-issued photo IDs and pay applicable fees | Fees vary across counties |
| Third-party online repositories | Online | Public | Users may pay per search or by subscription. |
Probation and Parole for Class C (Third-Degree) Felony Offenders
A third-degree felony (classified as a Class C felony) in Alaska may be eligible for probation or parole. In Alaska, eligibility for probation or parole depends on the nature of the offense, the offender’s criminal history, and the judge's discretion.
Probation allows convicts to serve all or part of their prison sentences under court-imposed community supervision instead of prison. However, this option applies only to first-time non-violent Class C felonies where the court finds that the offender is unlikely to reoffend. For instance, vehicle theft in the first degree, and tampering with evidence.
The Alaska Parole Board may grant discretionary parole to individuals serving prison terms for Class C felonies if they have served one-third of their sentence for the crimes. Additionally, convicts must demonstrate good behavior in prison and complete all recommended treatments and programs. Similar to probation, parole for Class C crimes in Alaska applies to first-time non-violent offenses.