Alaska Criminal Defense Laws

Most criminal sexual conduct offenses have no statute of limitations. Some sex offenses carry a 10-year limitation period.

The statute of limitations is tolled when the accused flees the state. The maximum tolling period is 3 years.

Unclassified felonies (murder, first-degree sexual assault, kidnapping) carry the most severe sentences. Class A felonies: up to 20 years. Class B felonies: up to 10 years. Class C felonies: up to 5 years.

Alaska allows a court to set aside a conviction after successful completion of probation under a suspended imposition of sentence. Serious violent offenses, sex offenses, and certain others do not qualify. The set-aside changes the outcome to a dismissal but does not erase the record.

Criminal records may be sealed only if they resulted from mistaken identity or false accusation. Alaska does not have a general expungement statute for convicted offenses.

First offense OUI (BAC of 0.08% or higher) is a class A misdemeanor: minimum $1,500 fine, 72 hours jail, 90-day license revocation, and mandatory ignition interlock for 6 months. A third OUI within 10 years becomes a class C felony with a minimum $10,000 fine and permanent license revocation (reinstatement possible).

Alaska's constitution guarantees the right to counsel and the presumption of innocence. Defendants who cannot afford an attorney are entitled to a public defender.