Sodomy charges in Alabama carry some of the harshest penalties in the criminal code. Under Alabama law, sodomy is divided into two degrees. First degree sodomy, defined in Alabama Code section 13A-6-63, occurs when a person engages in deviate sexual intercourse with another person by forcible compulsion, with someone who is physically helpless or mentally incapacitated, or with a child under the age of 12. This offense is a Class A felony, punishable by ten years to life in prison and fines of up to sixty thousand dollars. Second degree sodomy, defined in section 13A-6-64, occurs when the victim is between 12 and 16 years old and the accused is at least 16 and at least two years older. This offense is a Class B felony, carrying two to twenty years in prison.

These charges are prosecuted with intensity because they involve allegations of sexual violence or child victims. The law does not require sexual intercourse as traditionally defined but covers any form of deviate sexual conduct as described in the statute. Prosecutors often rely on the testimony of the alleged victim, medical evidence, and digital communications such as text messages or social media records. In many cases, the state may also call expert witnesses to testify about trauma and behavior of victims. Even without physical evidence, a conviction can be obtained on testimony alone if the jury finds it credible.

Defending against sodomy charges is complex and requires careful handling. A defense attorney may challenge the credibility of witnesses, point to inconsistencies in statements, and introduce evidence that contradicts the allegations. In cases involving minors, the defense may focus on whether the accused knew the age of the alleged victim or whether the relationship was consensual within the narrow confines allowed by law. Constitutional issues such as unlawful searches or interrogation without proper Miranda warnings may also provide grounds to suppress evidence. Because the penalties are severe and the stigma is permanent, preparing a thorough and aggressive defense is critical.

People facing sodomy charges often have urgent questions. What is the penalty for first degree sodomy? It is a Class A felony, carrying a prison term of ten to ninety-nine years or life. What about second degree sodomy? That charge is a Class B felony, punishable by two to twenty years. Will I have to register as a sex offender? Yes, a conviction for either degree of sodomy requires mandatory registration, often for life. Can someone be convicted without physical evidence? Yes, Alabama courts have held that testimony from a victim can be sufficient to sustain a conviction. How quickly should I hire a lawyer? Immediately, because early intervention can help protect your rights and shape the strategy for your defense.

If you are charged with sodomy in Alabama, you are facing one of the most serious accusations in the state’s criminal law. For immediate legal help, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205 335 2640. Get Relief Get Results.