Learn about felony crimes and penalties in Oklahoma.
Updated October 07, 2022
Like other states, Oklahoma distinguishes felonies from misdemeanors based on a crime's potential punishment. Misdemeanors can be penalized by up to a year in jail. Any crime that carries a possible penalty of more than one year and up to life in prison or the death penalty is a felony.
This article will discuss felony crimes and penalties in Oklahoma.
How Does Oklahoma Classify Felonies?
Oklahoma is one of a few states that doesn't classify felonies into different levels or classes (like Class A or Level 1). Rather, the law specifies penalties on a crime-by-crime basis. For example, the crime of arson specifies a penalty of up to 35 years in prison and a fine of up to $25,000.
Criminal statutes will generally specify a maximum and sometimes a minimum sentence. If a crime does not indicate a maximum sentence, the maximum defaults to life imprisonment.
Examples of Oklahoma Felony Crimes and Penalties
Here are some examples of Oklahoma felony crimes and penalties:
- First-degree murder: punishable by death or a life sentence
- Kidnapping: punishable by up to 20 years in prison
- Possession of child pornography: punishable by up to 20 years in prison
- Second-degree rape: punishable by 1 to 15 years in prison
- First-degree robbery: punishable by 10 years to life in prison
- Assault and battery with a dangerous weapon: punishable by up to 10 years in prison or 1 year in jail
- Third-degree burglary: punishable by up to 5 years in prison
- Second-degree manslaughter: punishable by 2 to 4 years in prison or 1 year in jail
- Domestic abuse by strangulation: punishable by 1 to 3 years in prison
Penalties for Repeat Felony Convictions in Oklahoma
Repeat felony offenders face stiff sentencing enhancements under Oklahoma law. These enhancements increase the maximum sentence generally allowed for a specific offense. The exact enhancement depends on the current offense (violent or nonviolent) and the number of prior felony convictions the person has.
For instance, a repeat felony offender whose current offense is considered a "violent offense" (defined in law) faces:
- a minimum of 10 years and up to life in prison (one prior felony conviction), and
- a minimum of 20 years and up to life in prison (two or more prior felony convictions).
Separate enhancements apply for nonviolent felonies, sex offenses, theft- and fraud-related crimes, and drug crimes.
How Felony Sentencing Works in Oklahoma
Judges have several sentencing options at their disposal for felony convictions. The judge can impose any sentence up to the maximum allowed for that crime. For crimes with mandatory minimums, the judge must impose that minimum sentence (with a few exceptions).
Oklahoma's Felony Sentencing Options
The judge will usually announce the sentence term (such as a 10-year sentence) and then either:
- send the defendant to prison, or
- suspend the defendant's prison sentence with or without felony probation (for first- and second-time felony offenders only).
A judge can also impose fines, fees, restitution, community service, or other sanctions.
Sentencing Alternatives for Felonies in Oklahoma
Oklahoma statutes also authorize several alternatives to traditional sentencing for certain felony offenders (usually for first-time or nonviolent offenders).
Deferred sentencing. For first-time felony offenders (except those accused of sex offenses), the judge may hold off on entering the conviction and defer sentencing as long as the defendant abides by certain conditions (which can last up to seven years). If the defendant successfully completes all the conditions, the judge dismisses the case and expunges all related records.
Drug court or mental health court. A judge may consider placing felony defendants with no prior convictions for violent felonies in a treatment court. Drug courts and mental health courts aim to address offenders' underlying substance abuse or behavioral health issues that may have led to the criminal act.
How Does Felony Parole Work in Oklahoma?
For offenders who are sent to prison, the judge's sentence represents the longest amount of time they can spend in prison. But not all offenders will serve the entire sentence behind bars. Some may serve a portion of their sentence in the community on parole.
What Is Felony Parole?
Parole allows the early release of an inmate from prison conditioned on the parolee's compliance with their release plan and supervision terms (which follow them for the remainder of the sentence). Parole does not shorten a person's sentence, just the time spent serving that sentence behind bars in prison.
Parole Eligibility in Oklahoma
To be considered for parole, an offender must serve a certain percentage of their sentence. For inmates convicted of nonviolent offenses, most become eligible after serving one-quarter or one-third of their sentence. Those convicted of violent crimes or sex crimes must typically serve 85% of their sentence. (More than 50 crimes are considered "violent crimes" and subject to what's known as the "85% rule.")
Parole Release in Oklahoma
In Oklahoma, some parole release decisions are made by the parole board, while other decisions must go to the governor.
Parolees released to the community must abide by their release conditions (which are similar to probation conditions). If the parolee violates a condition, a revocation hearing will take place to decide whether to return the person to prison.
Can Felonies Be Expunged in Oklahoma?
Expungement options for felony convictions are primarily limited to nonviolent felonies. To qualify, a person cannot have any pending criminal charges and must meet the following conditions:
- A person can apply to expunge a single nonviolent felony conviction five years after finishing their sentence, as long as the person has no other felony convictions and no misdemeanor convictions in the past 7 years.
- The waiting period goes up to 10 years if the person has two nonviolent felony convictions.
Find an Oklahoma Criminal Defense Lawyer
Being charged with a felony offense in Oklahoma is a very serious situation, as the state has some of the more stringent sentencing consequences in the country. Being able to protect your rights during the criminal justice process requires that you talk to a criminal defense lawyer who has experience representing clients in local courts. You should talk to a lawyer as soon as you suspect that you are being investigated for a crime, and immediately upon being approached by investigators.
(Okla. Stat. tit 21, §§ 51.1, 51.1a, 51.2; tit. 22, §§ 18, 471, 472, 985.1, 991a-2, 991c; tit. 57 §§ 332.7, 332.8 (2022).)
