The Habitual Felony Offender Law
Ala. Code § 13A-5-9 — prior Class A, B or C felonies move a new one up the classes
When a person previously convicted of a Class A, B or C felony commits another Class A, B or C felony, the new one is punished at a higher level, and the steps grow with each prior conviction.
Who handles this in Alabama: Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
| New felony | One prior | Two priors | Three priors |
|---|---|---|---|
| New felonyClass C | One priorPunished as a Class B felony | Two priorsPunished as a Class A felony | Three priorsLife, or 15 to 99 years |
| New felonyClass B | One priorPunished as a Class A felony | Two priorsLife, or 15 to 99 years | Three priorsLife, or at least 20 years |
| New felonyClass A | One priorLife, or 15 to 99 years | Two priorsLife, or at least 99 years | Three priorsLife or life without parole, and life without parole after a prior Class A felony |
Some laws keep their own felonies out of this count: a fourth DUI conviction and a fourth conviction for passing a stopped school bus are felonies that do not count as felony convictions for this law.
Sources for this section (3)
- Ala. Code § 13A-5-9 — Habitual Felony Offenders - Additional Penalties
- Ala. Code § 32-5A-191 — Driving While Under Influence of Alcohol, Controlled Substances, Etc
- Ala. Code § 32-5A-154 — Overtaking and Passing School Bus or Church Bus; Penalties and Fines
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.