How Prior Convictions Impact Sentencing in Serious Felony Cases
When someone is charged with a serious felony in Alabama, the stakes are high. Sentences can range from years to life in prison, depending on the details of the crime and, crucially, the defendant's criminal history. One of the biggest factors courts weigh during sentencing is whether the person has any prior convictions.
If you're facing serious charges and you have a record, it's important to understand how those previous convictions might influence your case. At Brian J. Lockwood LLC in Mobile, Alabama, he draws on experience to build personalized, aggressive criminal defense strategies for clients facing serious charges, especially those with prior convictions that could impact their sentence.
Alabama's Habitual Felony Offender Act
In Alabama, the Habitual Felony Offender Act (HFOA) plays a major role in sentencing when someone has prior felony convictions. The law is designed to impose harsher penalties on repeat offenders, and it's applied in a wide range of cases, from theft to violent crimes.
Some ways the HFOA affects sentencing include:
Increased minimum sentences: If someone has one or more prior felonies, the minimum sentence for a new conviction is often much higher.
Class upgrade of offenses: A Class C felony, for example, might be sentenced as a Class B or even Class A felony if the person has a significant history.
Life imprisonment: For individuals with multiple prior convictions, the law can require life imprisonment, sometimes without the possibility of parole.
Judges have less flexibility under the HFOA, meaning prior convictions can strip away the possibility of lighter sentences, probation, or diversion programs.
Types of Prior Convictions That Matter Most
Not all prior convictions carry the same weight in sentencing. Some are more likely to trigger enhanced penalties than others.
The most impactful types of prior convictions include:
Violent felonies: Offenses such as assault, robbery, rape, or murder are taken very seriously by courts.
Drug trafficking or distribution: Large-scale drug crimes often lead to significant enhancements under Alabama law.
Repeat offenses in the same category: Someone with multiple theft-related felonies may be penalized more harshly for another theft-related charge.
Out-of-state felonies: Convictions from other states can still count against someone under Alabama’s HFOA.
A criminal defense approach must look at not just the number of prior convictions but the nature of those offenses.
How Sentencing Enhancements Work
When prosecutors present prior convictions during sentencing, it often triggers specific enhancements. These aren’t discretionary moves—they’re built into Alabama law.
Sentencing enhancements can result in:
Longer prison terms: Even for first-degree felonies, prior convictions can push the sentence to the upper range.
Mandatory minimums: Some offenses carry automatic minimum sentences if a defendant has past felonies.
Habitual offender status: This classification can strip away parole options and impose lifetime supervision.
These rules make it harder for judges to consider personal circumstances or offer alternative sentencing. It's one more reason why building a solid criminal defense is so critical early in the process.
Transitioning from Conviction to Sentencing
Once a conviction is secured, the process moves quickly into sentencing. At this point, a defendant’s prior record becomes central to the discussion. Prosecutors typically submit certified copies of previous convictions, and the judge uses them to determine what sentencing range applies.
Defense attorneys may argue for leniency by highlighting mitigating factors like rehabilitation, time elapsed since the last offense, or lack of violence in prior crimes. But under the HFOA and similar statutes, judges are often bound by fixed rules.
Why Timing and Strategy Matter
The timing of prior offenses and how they're introduced can significantly affect the sentence. Knowing this, a strong defense group can often take proactive steps before the case reaches sentencing.
Effective strategies related to prior convictions include:
Challenging the validity of past convictions: If a prior plea wasn’t entered knowingly or the conviction lacks proper documentation, it might be excluded.
Negotiating charges pre-trial: Prosecutors may agree to reduce or drop charges in exchange for a plea, especially if the defense highlights weaknesses in the case.
Highlighting mitigating factors: Documenting work history, family support, or community ties can help reduce the perceived threat of recidivism.
These efforts won’t always change the outcome, but they can influence how harshly a sentence is imposed.
How Prior Convictions Influence Plea Negotiations
Plea bargaining plays a huge role in the criminal justice system, and a defendant's record often shapes how those negotiations unfold. Prosecutors are less likely to offer favorable deals if someone has a history of serious or repeated offenses.
Prior convictions affect plea bargaining in several ways:
Reduced bargaining power: Prosecutors may assume a judge will impose a tough sentence regardless, so they offer less generous terms.
More aggressive prosecution: A defendant seen as a repeat offender may face pressure to accept harsher plea terms.
Fewer diversion options: Many alternative sentencing programs are off the table for those with multiple priors.
For anyone with a prior record, it’s especially important to approach plea discussions with a clear criminal defense strategy.
Special Considerations for Violent Felonies
Violent felonies carry heavier penalties on their own, but prior convictions make those sentences even more severe. Alabama law treats repeat violent offenders with particular seriousness.
Some key points about violent felony sentencing:
Automatic enhancements: Certain violent crimes automatically trigger sentencing upgrades under the HFOA.
Three-strike rules: A third violent felony conviction can result in life imprisonment without parole.
Limited parole eligibility: Even if parole is technically possible, the odds of being granted release are slim for repeat violent offenders.
Defendants facing violent felony charges need to understand how prior convictions may limit their options and increase their risk. Get in touch with Attorney Brian J. Lockwood for more information.
Looking at Time Between Offenses
Courts also look at how much time has passed between offenses. While the HFOA doesn’t automatically drop old convictions from consideration, judges may weigh recency when deciding how to sentence within a range.
Why the time between offenses matters:
Long gaps may show rehabilitation: If someone went 10 or 15 years without new charges, it can suggest growth and change.
Recent offenses suggest ongoing behavior: If convictions are clustered close together, courts may view the defendant as more of a threat.
A skilled criminal defense attorney can frame these time gaps in a way that helps reduce the harshness of the sentence.
Juvenile Convictions and Sentencing
Juvenile offenses don’t always carry the same weight, but they can still influence a sentence in a serious felony case. Some juvenile convictions may count under the HFOA, especially if they were for violent crimes.
Juvenile history factors include:
Age at the time of the offense: Younger offenders may be given more leniency.
Type of offense: Violent or repeat crimes are more likely to be counted.
Whether it was adjudicated as an adult: Convictions handled in adult court nearly always count fully.
Juvenile history isn’t always a major factor, but it can tip the balance in certain cases.
Building a Defense With the Whole Record in Mind
A good criminal defense doesn’t ignore the past. Instead, it takes the full picture into account and works to position the defendant as someone worth giving a second chance. This means dealing head-on with prior convictions and using every tool available to soften their impact.
Steps to building a defense that accounts for prior convictions:
Early investigation and documentation: Gather full records, look for errors, and identify possible challenges.
Witness statements and character references: These can help put past behavior in a new light.
Strategic plea discussions: Use prior records as a bargaining chip, especially if they include older or non-violent offenses.
Criminal defense isn’t just about what happened in the current case; it’s about telling a full story that includes who the defendant is now.
Reach Out Today
Facing a serious felony charge with a criminal record makes an already tough situation even more difficult. Prior convictions can change everything—from how charges are filed, to how plea deals are offered, to how a judge hands down a sentence. With a criminal defense strategy, it’s possible to reduce the weight of the past and present a future worth fighting for. Brian J. Lockwood LLC serves clients in Mobile, Alabama. Get in touch today.
