Alabama Hit and Run: Change of Plea for Repeat Offenders

The Stakes of a Change of Plea for Alabama’s Repeat Hit and Run Offenders

In Alabama, a conviction for leaving the scene of an accident—commonly known as a hit and run—carries severe penalties. For those with a prior criminal history, the legal landscape is dramatically altered by the state’s repeat offender laws. Understanding how the “change of plea” process intersects with the potential application of the Habitual Felony Offender Act is crucial for navigating these complex criminal proceedings.

Understanding Alabama’s Hit and Run Law

Alabama law mandates that any driver involved in an accident resulting in injury, death, or property damage must stop immediately, render reasonable assistance, and exchange identification and insurance information (Ala. Code § 32-10-1). Failure to comply with these duties constitutes a hit and run offense, and the severity of the charge is determined by the outcome of the crash:

Property Damage Only: This is generally classified as a Class A Misdemeanor. Penalties can include up to one year in jail and a fine of up to $6,000.
Injury or Death: This escalates the charge to a Class C Felony. Penalties range from one year and one day to ten years in state prison and a fine of up to $15,000.

The Impact of the Habitual Felony Offender Act (HFOA)

The term “repeat offender” takes on a devastating meaning when an individual is accused of a felony hit and run (resulting in injury or death) and has prior felony convictions. Alabama’s Habitual Felony Offender Act (HFOA), found in Ala. Code § 13A-5-9, is designed to severely increase the sentencing range for repeat felony offenders.

Case Box: Enhanced Sentencing Under HFOA

If a person is convicted of a Class C felony hit and run (injury) and has:

One prior felony conviction: The new conviction is punished as a Class B felony.
Two prior felony convictions: The new conviction is punished as a Class A felony.
Three prior felony convictions: The new conviction carries a punishment of imprisonment for life or up to 99 years.

This statutory enhancement means a routine repeat offense can quickly become a life-changing prison sentence, making the pre-trial phase and a change of plea extremely high-stakes.

Change of Plea: A Strategic Decision

A “change of plea” occurs when a defendant, after initially pleading not guilty, decides to formally enter a plea of guilty, usually as part of a negotiated plea agreement with the District Attorney’s office. For a repeat offender facing a felony hit and run charge, this maneuver is one of the most critical decisions in the case.

Tip Box: The Role of a Legal Expert

A skilled Legal Expert is indispensable when considering a change of plea under the shadow of the HFOA. They can challenge the applicability of your prior offenses, negotiate for a plea to a lesser charge (such as a misdemeanor or a felony that avoids the HFOA trigger), or seek a sentence recommendation that falls at the lower end of the enhanced range. The goal is to mitigate the life-altering mandatory minimums imposed by the Habitual Felony Offender Act.

The Guilty Plea Process for Non-Capital Felonies

In Alabama, for non-capital felony offenses, a defendant may provide written notice of their desire to plead guilty. Upon receiving this notice, the court directs the District Attorney to file an information against the defendant, counsel is appointed if necessary, and an arraignment date is set to formally enter the guilty plea in open court. The court then accepts the plea and immediately pronounces a judgment of conviction, setting a date for sentencing (Ala. Code § 15-15-20.1).

Caution: The Court’s Discretion at Sentencing

Even with a plea agreement, the judge has final authority in sentencing. While a plea may recommend a specific sentence, the court must follow the mandatory minimums and maximums dictated by law, including the enhanced sentencing ranges of the HFOA. The court’s discretion is substantial, and a prior record will be heavily scrutinized, often leading to a much harsher sentence for a repeat offender.

Collateral Consequences and Civil Liability

Beyond the immediate criminal sentence, a hit and run conviction—especially a felony conviction for a repeat offender—can trigger long-term collateral consequences:

License Suspension/Revocation: Hit and run convictions almost always result in a suspension or revocation of driving privileges.
Civil Lawsuits: The conviction can be used as strong evidence in a separate civil lawsuit filed by the victim to recover compensation for medical bills, lost wages, property damage, and pain and suffering.
Punitive Damages: A pattern of reckless behavior, evidenced by a repeat offender history, may make the defendant liable for punitive damages in a civil case, which are designed to punish the defendant and deter future misconduct.
Employment and Housing: A felony record from a repeat offense can severely limit future employment opportunities and housing options.

Summary of Critical Factors

Hit and Run is a Felony: When the accident results in injury or death, the charge is a Class C Felony, triggering the potential application of the HFOA.
HFOA Enhancement: If the defendant has two or more prior felony convictions, a conviction for the new felony hit and run can lead to a drastically enhanced sentence, potentially including life imprisonment.
Plea Strategy: A change of plea is a mechanism to secure a plea bargain that aims to avoid or mitigate the harshest HFOA penalties, but the ultimate sentence rests with the judge.
Mandatory Duties: The core defense challenge revolves around whether the driver knowingly failed to stop, provide aid, or exchange information as required by Ala. Code § 32-10-1.

Card Summary: Immediate Legal Action Required

If you or a loved one are facing a felony hit and run charge in Alabama as a repeat offender, time is critical. The complexities of the Habitual Felony Offender Act demand immediate engagement with an experienced Legal Expert to thoroughly evaluate your case, prior convictions, and all options for a strategic defense, including negotiating a favorable change of plea before indictment and trial.

Frequently Asked Questions (FAQ)

Q: Does the Habitual Felony Offender Act apply to all hit and run offenses?

A: No. The HFOA only applies if the current offense is a felony. In Alabama, a hit and run is only a felony (Class C) if the accident results in personal injury or death. If it is only property damage, it is a misdemeanor, and the HFOA does not apply.

Q: What is the main benefit of a “change of plea” for a repeat offender?

A: The main benefit is the ability to negotiate a plea bargain that may result in pleading guilty to a lesser offense or securing a sentence recommendation that mitigates the severe, mandatory minimum punishments triggered by the HFOA for repeat felony convictions.

Q: If I fled the scene due to fear, can that be a defense?

A: Alabama law holds that the duty to remain and render aid is absolute. While fear, intoxication, or an emergency may be presented as mitigating circumstances to the judge during sentencing, they rarely absolve the driver of the core criminal duty to stop and provide information.

Q: Can a prior out-of-state felony count toward the HFOA?

A: The HFOA typically considers prior convictions from other jurisdictions when determining if the enhancement applies, significantly broadening the definition of a “repeat offender” in Alabama.

Q: Is my driver’s license automatically suspended with a felony hit and run conviction?

A: A conviction for leaving the scene of an accident in Alabama, particularly a felony charge, can subject the offender to license revocation or suspension as a separate administrative penalty, in addition to fines and jail time.

Important Disclaimer

This content is generated by an artificial intelligence model and is for informational and educational purposes only. It does not constitute legal advice, nor should it be taken as a substitute for consultation with a qualified Legal Expert licensed in the State of Alabama. Every case is unique, and the application of laws like the Habitual Felony Offender Act (HFOA) depends entirely on the specific facts and statutes in effect at the time. Always consult a legal professional for advice regarding your individual legal situation.

Alabama Hit and Run, Repeat Offender, Habitual Felony Offender Act, Change of Plea, Criminal, Felony, Misdemeanor, DUI, Statutes & Codes, Case Law, Legal Procedures, Filing & Motions, Trials & Hearings, Appeals, Sentencing, Probation, Fines, Imprisonment, License Suspension, Criminal Defense