Oklahoma Criminal Defense

Charged with a Crime in Oklahoma?

Criminal Defense Lawyers Explain Charges and Penalties

A criminal conviction can drastically affect the rest of your life. You may face the possibility of jail time, fines and other penalties, and your reputation may be damaged. Additionally, a conviction may prevent you from finding work and/or housing in the future. Since so much hangs in the balance, you should always work a criminal defense lawyer with a history of success. Even innocence is not always an ironclad defense – law enforcement and prosecutors may not care about your side of the story, but will simply focus on getting a conviction. An attorney can work to enforce your rights and expose any misconduct or negligence that may have led to your arrest. In many cases, a good lawyer can get your charges or penalties reduced, minimizing the negative impact on your life.

If you have been arrested or someone you know was taken into police custody, then you should find a lawyer as quickly as possible. No matter what kinds of charges you face, from a misdemeanor to a felony, finding an attorney you trust is essential. To speak with a local Oklahoma criminal lawyer today, consult our local listings.

What Are the Basic Types of Criminal Charges?

The type of criminal charge you face may vary depending on the nature of the alleged crime. Although each state has its own specific classifications, the general types of charges are:

• Infraction. An infraction is the least serious type of charge you can face. In fact, some states handle infractions as civil cases, rather than criminal cases. Traffic violations and other minor offenses usually fall into this category. Jail is generally not a possibility for infractions, so you are not entitled to a jury trial and the state will usually not appoint you a lawyer. However, you can still hire one of your own.
• Petty offense. Some states categorize low-level criminal conduct as petty offenses. This may include illegal acts like gambling, disturbing the peace, public indecency, pollution violations and theft of items of low value.
• Misdemeanor. A misdemeanor is a more serious charge and county courts typically handle these cases. Common misdemeanor charges include assault, criminal trespass, theft and certain drug crimes, including possession and sale.
• Felony. This is the most serious type of criminal charge and state and/or federal courts usually handle these cases. Common felonies include murder, kidnapping, sexual assault, robbery, vehicular homicide, assault with a deadly weapon, burglary and certain drug crimes.

In some cases, a criminal defense lawyer can negotiate on your behalf with the prosecution to reduce the severity of the charges you face. If the court reduces your charge from a low-level felony to a misdemeanor, for example, then the repercussions you face may be much less serious.

What Is the Penalty for a Misdemeanor in Oklahoma?

Each state has its own system for classifying misdemeanor and felony charges, and penalties may vary as well. However, unlike most other states, Oklahoma does not organize misdemeanors into separate categories. Rather, it uses a “by crime” protocol, which means that the misdemeanor will always be evaluated by a law enforcement agent to determine the severity of the crime, and its subsequent jail time (if any) and/or fine.

That being said, Oklahoma does have a general category of crimes that will be considered “misdemeanors”, as opposed to felonies or petty crimes. This includes, but is not limited to:

• Selling lottery tickets.
• Stalking.
• Betting on an election.
• Asking or receiving unauthorized reward for official act.
• False rumors, slander.
• Harboring endangered runaway child.
• Furnishing tobacco products to a minor.
• Rout or unlawful assembly.
• Reckless Driving.

Regarding sentence range, unless otherwise allowed by law, anyone convicted of a misdemeanor offense in Oklahoma faces a maximum sentence of up to one year in jail, and/or up to $500 in fines.

What Is the Penalty for a Felony in Oklahoma?

As with misdemeanors, Oklahoma does not classify felonies into different categories like many other states do. Classifying a crime as a felony--and deciding upon a punishment--uses the “by crime” protocol, which means that the felony will either, be evaluated by a law enforcement agent to determine the severity of the crime, or a particular crime will have an automatic sentence/fine associated with it.

A small example of crimes which will generally be considered felonies include:

• Murder.
• Manslaughter.
• Rape.
• Asking or receiving bribes.
• Mutilating, treating with indignity, or destroying the flag.
• Assisting the prisoner to escape.
• Assault, battery, or assault and battery with a dangerous weapon.
• Dueling.
• Aiding suicide.
• Desertion of children under the age of 10.
• Adultery.
• Commercial gambling.
• Possession of child pornography.

Each felony committed in Oklahoma has its own penalties associated with it; though, given the circumstances, these penalties may be reconsidered. Someone convicted of arson faces a fine of up to $25,000 and no more than 35 years in prison, while someone convicted of the unlawful delivery of goods faces up to $1,000 in fines and up to five years in prison.

Additionally, Oklahoma imposes harsher penalties for repeat felony offenders. For example, someone convicted of a second offense of asking for arson will receive the automatic penalty, noted above, while someone convicted of a second offense of for arson sodomy may face a sentence of life in prison without the possibility of parole.

Need a Oklahoma Criminal Defense Lawyer? We Can Help

If you are facing any level of criminal charge, then a qualified lawyer may be essential to protecting your future. Additionally, if someone you know is currently in police custody, then you may wish to reach out to a lawyer on his or her behalf. To find a Oklahoma criminal defense lawyer in your area, then consult our attorney listings. If you have general question about criminal law or certain charges, then do not hesitate to ask the lawyers™.