In Alabama, your past can follow you into the courtroom. If you have a prior felony conviction and are charged with a new felony, the state's Habitual Felony Offender Act (HFOA) can raise the sentence you face, sometimes dramatically. Here is what the law does and how it can be challenged.
The baseline: felony sentence ranges
Alabama sorts felonies into four classes, each with its own sentencing range:
- Class A: 10 to 99 years, or life.
- Class B: 2 to 20 years.
- Class C: 1 year and 1 day to 10 years.
- Class D: 1 year and 1 day to 5 years.
How the HFOA increases a sentence
Under the HFOA, each prior felony conviction can move a new charge into a higher sentencing range. In general terms:
- One prior felony: a Class C felony is punished like a Class B, a Class B like a Class A, and a Class A carries at least 15 years.
- Two prior felonies: the ranges climb again, and a Class B or Class A felony can carry 99 years or life.
- Three or more prior felonies: sentences can reach life, and in some Class A cases, life without the possibility of parole.
Class D felonies are treated differently, and some prior convictions cannot be used to enhance certain new charges. The details of which priors count, and how, can change the outcome by years or decades.
Which prior convictions count?
Felony convictions from other states and from federal court can be used if the conduct would have been a felony in Alabama. Misdemeanors do not count. A youthful offender adjudication is not a conviction and generally cannot be used to enhance a sentence. Juvenile adjudications also do not count as prior felonies.
The state has to prove it
The HFOA is not automatic. The prosecution must give notice that it intends to seek an enhanced sentence and must prove the prior convictions at sentencing, usually with certified court records. That process creates real opportunities for the defense.
How a defense attorney can fight an enhancement
- Challenge the records. If the paperwork is incomplete, does not match you, or does not show a valid felony conviction, the prior may not be usable.
- Check whether you had a lawyer. A prior felony conviction obtained without counsel or a valid waiver of counsel may not be used to enhance your sentence.
- Look at out-of-state priors closely. Another state's felony is not always an Alabama felony.
- Negotiate. Prosecutors sometimes agree not to invoke the HFOA, or to count fewer priors, as part of a plea agreement.
Why this matters early in your case
If you have a record, the HFOA should shape your defense strategy from day one. It affects the real risk of going to trial, the value of any plea offer, and the arguments you can make at sentencing. Never assume the number the prosecutor quotes is the final word.
Facing a felony with a prior record?
Elizabeth Hunter & Associates knows how to challenge sentence enhancements. Call 205-203-9439 · elizabethunter.com
Can an old conviction from decades ago still count?
Generally yes. Alabama's HFOA does not have a time limit on prior felonies, which is why reviewing each prior carefully is so important.
Does a misdemeanor count as a prior?
No. Only prior felony convictions can be used under the HFOA.
This article is general information about Alabama law and is not legal advice. Sentencing laws are complex and change over time. For advice about your situation, consult a licensed Alabama attorney.