Alabama Sentencing Enhancements in Criminal Case Sentencing
In Alabama, criminal case sentencing may be enhanced under certain circumstances depending on the type of criminal case, the specific facts of the criminal case, and the application of statutory mandatory minimum criminal case sentences.
As with any criminal case, only an experienced Alabama criminal defense attorney can review the facts and circumstances of your case and ensure that your rights are protected and that you are treated fairly. If you are facing a criminal charge call the criminal defense attorneys at Bradford Ladner LLP at 205-802-8823 for a consultation
DRUG CHARGES AND SENTENCING ENHANCEMENTS
Under the Alabama State Code / Alabama Criminal Code, certain enhancements may apply to criminal case sentencing. In drug cases, the following enhancements may apply:
- Sale of Drugs Near Schools – 5 Year Mandatory Minimum Sentence / No Suspension / No Probation
- Sale of Drugs Near Public Housing Project – 5 Year Mandatory Minimum / No Suspension / No Probation
- The Imposition of Mandatory $1000.00 or $2000.00 Drug Assessment Fee Depending on The Offense
- Loss of Driving Privileges / Loss of Drivers License for at least 6 months or potentially longer
- Mandatory Drug Evaluation and Participation in Court Referral Drug Program
- Sale of Controlled Substance to Someone Under 18 Years of Age – Treated as Class A Felony / No Suspension / No Probation
ENHANCEMENTS FOR CRIMES INVOLVING DEADLY WEAPONS
In Alabama, criminal case sentencing is enhanced where there is a gun involved, or where there is a deadly weapon involved. Alabama imposes mandatory minimum sentences on Class A, B, and C felony cases where a firearm or other deadly weapon is used.
- If the Underlying Offense is a Class A Felony – Mandatory Minimum Sentence is 20 Years
- If the Underlying Offense is a Class B or C Felony – Mandatory Minimum Sentence is 10 Years
SEX OFFENSES INVOLVING CHILDREN
If the criminal charge is a sex offense, and if it involves a child under the age of 18, the offense is treated as a Class A Felony with a potential sentence for a first time offender of 10 to 99 years or life imprisonment. Additionally, the statute does not allow the sentence imposed to be suspended or to be subject to probation.
ALCOHOL RELATED OFFENSES
Where the criminal charges is an alcohol related offense, such as DUI, Alabama law requires that you be evaluated for alcohol and/or drug use and abuse, and that you attend a Court ordered Court Referral Program.
Alabama Law imposes harsh punishment enhancements for certain crimes and under certain circumstances. William Bradford and Amber Ladner of Bradford Ladner LLP can help you determine whether your case involves a criminal case sentencing enhancement. We can assist you in all stages of any criminal case, ensuring that your rights are protected and that you obtain the best possible outcome for your case.
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Bradford Ladner LLP is a Birmingham, Alabama based law firm focused on criminal defense, appeals, and litigation in all Alabama State trial courts and courts of appeal as well as in all Federal Courts Nationwide. The partners of Bradford Ladner LLP are William K. Bradford and Amber L. Ladner, Alabama litigation attorneys with over 30 years of courtroom experience.