Alabama's Three-Strike Law: Class C Felony Implications

Alabama's three-strikes law, also known as the Habitual Felony Offender Act, has been in place since 1977. The law requires that repeat offenders be sentenced to life in prison without the possibility of parole. The law applies to those with three or more prior felony convictions, and the sentence depends on the classification of the crime and the offender's criminal history. While Class A felonies are the most serious, punishable by life in prison or a term of 10 to 99 years, Class C felonies carry a standard sentence of 366 days to 10 years. In Alabama, felonies are crimes that carry a sentence of more than a year in prison or the death penalty.

Alabama's Habitual Felony Offender Act

Under the original HFOA, any person convicted of three felonies is subject to life imprisonment without the possibility of parole. The law makes no exceptions and allows for no discretion during sentencing. However, new modifications to the law mean that a person with prior felony convictions who is convicted of a Class A felony can be sentenced to life with the possibility of parole.

The HFOA has been criticised for its harsh sentencing, which has resulted in Alabama's prisons becoming overcrowded and unsustainable. In 2020, more than 500 people were serving life without parole under the HFOA, with some of these prisoners having committed non-violent crimes.

In 2021, a bill (HB 107) was introduced in the Alabama House of Representatives to repeal the HFOA, provide for resentencing for defendants sentenced under the HFOA, and make technical revisions to update the code language. The bill passed out of committee on March 31, 2021, but it is unclear if it became law.

Alabama's HFOA applies to Class A, Class B, and Class C felonies. If a defendant has been previously convicted of a Class A, B, or C felony and subsequently commits another felony, they will be punished as follows:

• On conviction of a Class C felony, they will be punished for a Class B felony.
• On conviction of a Class B felony, they will be punished for a Class A felony.
• On conviction of a Class A felony, they will be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

If a defendant has been previously convicted of any two felonies that are Class A, B, or C, and then commits another felony, they will be punished as follows:

• On conviction of a Class C felony, they will be punished for a Class A felony.
• On conviction of a Class B felony, they will be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
• On conviction of a Class A felony, they will be punished by imprisonment for life or for any term of not less than 99 years.

If a defendant has been previously convicted of any three felonies that are Class A, B, or C, and then commits another felony, they will be punished as follows:

• On conviction of a Class C felony, they will be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
• On conviction of a Class B felony, they will be punished by imprisonment for life or for any term of not less than 20 years.
• On conviction of a Class A felony, they will be punished by imprisonment for life or life without the possibility of parole, depending on whether they have a prior conviction for a Class A felony.

Life sentences without parole

Alabama's Habitual Felony Offender Act is the active "three strikes" law in the state. The law mandates that repeat offenders be sentenced to life in prison without the possibility of parole. This means that criminals given a determinate life sentence will typically die in prison, without ever being released.

Alabama has been ranked third in the US for the highest number of prisoners who committed non-violent crimes and are serving life sentences without the possibility of parole. The state's Habitual Offender Law was passed in 1977 and removes any discretion during sentencing. Offenders are not given the opportunity for parole or early release based on rehabilitation.

The original law stated that any person convicted of three felonies is subject to life imprisonment without the possibility of parole. However, new modifications to the law mean that a person with prior felony convictions who is convicted of a Class A felony can be sentenced to life with the possibility of parole.

In the US, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and the second-most in those with a valid statute. It is a mandatory punishment in some states for certain crimes, such as aircraft hijacking, terrorism, capital sexual battery, and a second conviction of armed robbery, kidnapping, or rape.

In addition, the sentence of life imprisonment may also be given for "habitual criminals". It has been applied in every US state except Alaska, as well as in the federal courts.

Mandatory life sentences

Alabama's Habitual Felony Offender Act, also known as the "three strikes law", was passed in 1977 and removes sentencing discretion, meaning offenders are not given the opportunity for parole. The law requires that repeat offenders be sentenced to life in prison without the possibility of parole.

Under the original law, any person convicted of three felonies is subject to life imprisonment without the possibility of parole. There are no exceptions provided under the law, and anyone convicted of a crime could be sentenced to a lifetime in prison for a Class A felony. The absolute mandates of the law fail to consider any circumstances of past convictions or any elements of the crime.

However, new modifications to the law mean that a person who has prior felony convictions and who has been convicted of a Class A felony can be sentenced to life with the possibility of parole.

In Alabama, felonies are crimes that potentially carry a sentence of more than a year in state prison or the death penalty. Alabama divides felonies into four classes—Classes A, B, C, and D. Class A felonies are the most serious and Class D felonies are the least serious. The standard sentence for a Class C felony in Alabama is a term between 366 days and 10 years. Class C felonies include:

• First-degree stalking
• Third-degree robbery (with actual or threatened force)
• Interference with custody by taking a child from the parent with legal custody
• Breaking and entering a vehicle

In Alabama, defendants who are considered habitual (repeat) offenders can face harsher penalties than those listed above. For example, two prior felony convictions could result in a life sentence for a current Class A, B, or C felony.

Repeat offenders

Alabama's "three-strikes" law, the Habitual Felony Offender Act (HFOA), was passed in 1977. The law mandates longer sentences each time someone commits a felony, regardless of the time between offences. The law applies to repeat offenders with three or more prior felony convictions. The number of prior convictions determines the severity of the punishment.

If a defendant has one prior conviction for a Class A, B, or C felony, their sentence for a current Class B or C felony will be bumped up to the next class. If their current conviction is for a Class A felony, the minimum sentence is increased to 15 years.

Defendants with two prior felony convictions and a current Class A, B, or C felony conviction could face up to a life sentence. For a current Class D felony, the maximum sentence increases to 10 years.

If a defendant has three prior felony convictions, they could face life without the possibility of parole for a Class A felony, a life sentence for Class B and C felonies, and up to 10 years for a Class D felony.

The HFOA has been criticised for its harsh punishments, mandatory longer sentences, and contribution to Alabama's overcrowded prisons. In 2000, the law was amended to be less severe, but it still mandates life without parole for anyone convicted of a Class A offence with three prior felonies, including a previous Class A offence.

The three-strikes law in Alabama has resulted in lengthy sentences, with over 6,100 people serving enhanced sentences, including over 1,100 serving life sentences and 527 serving life without parole. The racial disparity is significant, with three out of four people sentenced to life without parole under HFOA being Black.

Class A felonies

In Alabama, Class A felonies are the most serious felonies. They carry a sentencing range of 10 to 99 years or life imprisonment if the person charged does not have a prior felony conviction. The Alabama Habitual Felony Offender Act, also known as the "three-strikes law", applies to Class A felonies. Under this law, repeat offenders with three or more prior felony convictions are subject to a mandatory life sentence without the possibility of parole.

The specific penalties for Class A felonies in Alabama depend on the number and severity of prior felony convictions. For example, with one prior felony conviction, the sentence for a Class A felony is increased to a minimum of 15 years. With two prior felony convictions, the sentence can be life imprisonment or any term of years not less than 99 years.

Some examples of Class A felonies in Alabama include:

• First-degree rape, including sex by force, with an incapacitated victim, or with a child under the age of 12.
• First-degree domestic violence.
• First-degree kidnapping, which includes abducting a victim for ransom, as a hostage, or for sexual abuse.
• First-degree burglary.

The fines for Class A felonies in Alabama can be up to $60,000, and the sentencing judge determines the amount.

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