The difference between a deferred vs. suspended sentence is like the difference between day and night. When you are being accused of a crime in Oklahoma the stakes are high. The decision on whether to take the case to trial or take a plea deal is heavy on your mind. Among many factors impacting your decision is the strength of the States evidence and the plea deals on the table. Many people believe that a deferred and suspended criminal sentence are the same. This is not true. There are some key differences in a deferred vs. suspended sentence that will change the outcome of your legal proceedings. We explain these differences in this article. Read on to learn more.
Deferred vs. Suspended Sentence
You can get a deferred or a suspended in both felony and misdemeanor cases. Oklahoma Statutes provide for a sentence deferment under Title 22 §991(c). This basically allows you to plead guilty or no contest to the charges you face. As a result, the court will defer your sentence before accepting the plea. This means they are instating a sentence deferment and it delays judgment. However, this judgment only delays for a period of time to allow you to complete a series of court-ordered tasks. It can last no longer than 10 years. If you complete the tasks set forth by the court, you will reappear before the court on a scheduled date and your sentence will expunge from your record entirely. If you fail to do the tasks, then your sentence will reinstate and you must serve the original sentence.
Common tasks the court may assign a defendant with a sentence deferment are:
- Paying all court costs and fines;
- Set number of community service hours;
- Jail time of 3 months or less;
- Reparations and compensation to any victims of the crime; and
- Up to 2 years of supervised probation, etc.
MORE INFORMATION ON A SENTENCE EXPUNGMENT HERE.
Suspended Sentence
While a sentence suspension is similar to a deferment, they do have a significant difference. Like a deferment, you will plead guilty or no contests before the court and then have a series of tasks to complete in a certain amount of time. However, unlike a deferment, your record does not automatically expunge. Thus, you must take more steps to expunge the crime from your public records. As you can see most people would prefer a deferred vs. suspended sentence.
Tulsa Criminal Lawyers You Can Count On
If you are trying to understand more about the deferred vs. suspended sentence and need help in your plea, call us. Our attorneys have years of experience in defending clients and therefore know the ins and outs of the legal system. Call the Tulsa Criminal Lawyers Law Firm at 918-416-0358. The Call is Free. Or Click this link to ask a free online legal question.