While this type of question would ordinarily seem to be a simple inquiry, there are too many variables that come into play in any case to determine what a sentence will be when you provide no facts. Were other charges were filed? In addition, the litany of aggravating and mitigating factors that can affect the sentence is not short. Respectfully, you would need to consult with a AL lawyer or provide additional information in order for any assessment to be made. Good luck.
DISCLAIMER: I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
Alabama's sentencing structure can be complicated to understand. Generally, a TOP I charge is a Class B felony punishable by 2 years to 20 years in prison on a first offense.
However, Alabama has a discretionary sentencing guidelines structure that the judge could apply in a TOP I case. Without running the guidelines, I believe such a charge would fall somewhere in the 3-5 year range.
In any event, the offender would be eligible for application for probation. Some judges only consider probation upon payment of some restitution prior to the probation hearing.
Many jurisdictions, (including Montgomery I believe) also have deferred prosecution programs for first offenders that allow charges to be dismissed upon payment of restitution and staying out of trouble for a period of time.