The Risks of Multiple Felonies Under Alabama’s Habitual Felony Offender Statute

The Risks of Multiple Felonies Under Alabama’s Habitual Felony Offender Statute: What You Need to Know

Alabama takes repeat felony offenses seriously, and the state has a law in place to enhance penalties for individuals who have been convicted of multiple felonies. This law is known as the Habitual Felony Offender Act (HFOA), codified under Ala. Code § 13A-5-9. If you or a loved one is facing felony charges and has prior felony convictions, it is crucial to understand how this statute could impact the potential penalties in your case.

What is the Habitual Felony Offender Act (HFOA)?

The Habitual Felony Offender Act allows Alabama courts to impose significantly harsher sentences on individuals who have been convicted of multiple felonies. The law is designed to increase penalties for those who have shown a pattern of criminal behavior by committing additional felony offenses after prior convictions.

The HFOA does not create new crimes, but it enhances the penalties for felony convictions based on the defendant’s prior felony record. The more prior felonies a person has, the more severe the sentence they face for any subsequent felony conviction.

How the HFOA Works

Under Ala. Code § 13A-5-9, the enhancement of a defendant’s sentence is based on the classification of their current felony offense and the number of prior felony convictions they have. Felonies in Alabama are classified into four categories—Class A, Class B, Class C, and Class D—with Class A being the most serious. The HFOA applies to Class A, B, and C felonies.

Here’s how the statute works for repeat offenders:

1. One Prior Felony Conviction: If a defendant has one prior felony conviction, the sentence for a subsequent Class A, B, or C felony will be increased to a range typically reserved for a higher class felony. For instance:
   • For a Class C felony, the minimum sentence is increased from one year and one day to two years to ten years.
   • For a Class B felony, the sentence range increases from 2 to 20 years to 10 to 99 years or life.
2. Two Prior Felony Convictions: If the defendant has two prior felony convictions, the punishment for a new felony will be further enhanced:
   • For a Class C felony, the sentence range increases to 10 to 99 years or life imprisonment.
   • For a Class B felony, the defendant faces a minimum of 15 years up to life.
3. Three or More Prior Felony Convictions: If the defendant has three or more prior felony convictions, they face even harsher sentences:
   • For a Class A felony, a mandatory life sentence without the possibility of parole.
   • For Class B and C felonies, the minimum sentence is life or life without parole.

Exclusions and Limitations

It is important to note that not all felonies are counted equally under the HFOA. For example, prior non-violent Class D felonies, such as low-level drug possession, may not trigger the habitual offender enhancements under certain conditions. This is in line with recent criminal justice reforms aimed at reducing overly harsh penalties for non-violent offenders. However, for serious violent felonies, such as robbery, assault, or murder, the HFOA still imposes strict penalties.

Impact of the HFOA on Sentencing

Once the HFOA is applied, the sentencing judge has little discretion and must impose the enhanced penalties dictated by the statute. For example, if a defendant with three prior felony convictions is convicted of a new Class A felony, the judge must sentence that person to life imprisonment without the possibility of parole.

How a Lawyer Can Help

The Habitual Felony Offender Act can drastically increase the time someone spends in prison. If you are facing felony charges and have prior convictions, it is critical to work with a skilled criminal defense attorney familiar with Alabama’s HFOA. An attorney can help by:

• Reviewing prior convictions to determine if they should be counted under the HFOA.
• Challenging the validity of prior convictions where applicable.
• Negotiating plea agreements to avoid the harsh consequences of the HFOA.

Conclusion

Alabama’s Habitual Felony Offender Act imposes severe penalties on repeat offenders. If you have prior felony convictions, understanding how the HFOA works and how it may apply to your case is essential. The stakes are high, and having experienced legal representation is critical to protecting your rights and minimizing the consequences of a conviction.

For more information or to discuss your case, contact [Your Law Firm Name] to schedule a consultation.