When you’re facing criminal charges in Oklahoma, understanding the difference between a misdemeanor vs a felony is essential. The classification of your charge can affect everything from the severity of your punishment to your future job prospects and civil rights. This article explains how Oklahoma law defines misdemeanors and felonies, how they differ, and what to expect if you’re charged with either.
How Oklahoma Classifies Crimes
Oklahoma law divides criminal offenses into two main categories: misdemeanors and felonies. The primary distinction is the maximum potential punishment. A misdemeanor is a less serious offense and is generally punishable by no more than one year in county jail and/or a fine. In contrast, a felony is a more serious offense and carries the possibility of more than one year in prison, which may be served in the Oklahoma Department of Corrections.
What Are Misdemeanor Charges?
Misdemeanor crimes in Oklahoma are typically considered lower-level offenses. Although less severe than felonies, they can still carry jail time, fines, probation, and a criminal record. Common misdemeanor charges in Oklahoma include:
- First-time DUI
- Simple possession of marijuana (under certain quantities)
- Disorderly conduct
- Shoplifting under a certain dollar amount
- Minor assault and battery
Penalties for misdemeanors may also include community service, court-ordered classes, and probation. While you may avoid jail time in many misdemeanor cases, the conviction still becomes part of your public criminal record unless you get an expungement later on.
What Are Felony Charges?
Felony crimes involve more serious conduct or harm and carry longer sentences. These offenses can result in incarceration in a state prison, sometimes for decades or life, along with significant fines and long-term consequences. Examples of felony charges in Oklahoma include:
- Drug trafficking or distribution
- Burglary or robbery
- Felony DUI (repeat offenses)
- Aggravated assault and battery
- Homicide
A felony conviction can affect your civil rights, including your right to vote, own firearms, and serve on a jury. It may also limit your employment, housing, and educational opportunities.
How Does Sentencing Work?
Oklahoma does not use fixed sentencing ranges for each felony class the way some other states do. Instead, each crime has its own statutory penalty. The court considers factors such as the severity of the offense, criminal history, and whether the defendant accepted responsibility through a plea.
Some crimes may qualify for deferred sentences, suspended sentences, or probation, particularly for first-time offenders. However, violent crimes or those involving weapons or significant harm may lead to mandatory prison time.
Can Misdemeanors Become Felonies?
Certain misdemeanors can escalate into felonies depending on the circumstances. For example, a first DUI may be charged as a misdemeanor, but a second or third offense can be charged as a felony. Likewise, theft can escalate to felony status if the value of stolen property exceeds a statutory threshold.
Additionally, if a misdemeanor involves violence or endangering others, the prosecution may seek more serious charges depending on the facts.
Tulsa Criminal Lawyers
Whether you’re facing misdemeanor or felony charges, it’s crucial to take the accusation seriously. Both types of charges can have lasting consequences. A skilled defense attorney can help youunderstand the charges, your legal options, and fight for you. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.