Legal Question in Criminal Law in Alabama

Re: stay free

The Alabama Habitual Felony Offender Act does not have a time limitation, so a felony charge from twenty years ago could still be used against you. How it would apply would depend on the classification of the new charge (Class A, Class B, or Class C) and the classification of the old charge. Also, if the charge was from another state, it could only be used to increase your sentence if it would have also been a felony in Alabama.

An additional factor in Alabama now is the Alabama Sentencing Guidelines. A judge can choose to sentence a defendant under the sentencing guidelines, rather than directly use the habitual offender act, because the prior felony charge is included in the calculations under the new system.

Sentencing issues are complicated, and what you are facing depends on many factors - the nature of the prior charge, the nature of the current charge, the county where you are being prosecuted, the attitude of law enforcement and/or the victim, and many other issues. If you are facing a new charge with a prior felony conviction on your record, I would encourage you to go see an attorney as soon as possible.

Our office has offices in Anniston and Foley, and we defend people charged with crimes all over the State of Alabama. If we can be of assistance, please give us a call or send us an email. Good luck to you.