Theoretically, the sentence for a criminal offense should be proportionate to the severity of the crime. Thus, the primary difference between a misdemeanor crime and a felony crime is the severity of the sentence you will receive if convicted of the offense. Here is an overview of the sentences for felonies in Tahlequah, Oklahoma.
Misdemeanor Vs. Felonies In Tahlequah, Oklahoma
A misdemeanor crime is one for which the punishment will be no more than a year in a county jail. A felony in Tahlequah is commonly defined as one for which the punishment may be death or incarceration in a state penitentiary for a year or more. In both cases, the help of a Tahlequah attorney is crucial.
Furthermore, many states divide felonies into different classes. For example, Class A for the most serious felony crimes and Class B for less serious felony crimes. Each class then will be subject to a specific range of penalties; for instance, for Class A felonies, up to 30 years imprisonment and a $500,000 fine. For Class C felonies, the sentence may be up to 10 years imprisonment and a $100,000 fine.
Oklahoma does not make such distinctions among felony crimes. Instead, each specific felony offense has a range of penalties associated with it. For example, one violent crime may be punishable by a $1,000 fine and up to five years in prison, while another may be punishable by a $25,000 fine and up to 35 years in prison.
In addition, penalties will be added for repeat offenses. For instance, the possession of certain illegal drugs in the presence of a child under 12 years old is a felony punishable by a $2,000 fine, up to two years in prison, or both for a first offense. But for a second offense, the punishment will be a $10,000 fine, 4 to 20 years in prison, or both.
The 85% Rule
Oklahoma also requires that persons convicted of certain felony crimes serve a minimum of 85% of their imposed sentences. For instance, if you are convicted of first-degree manslaughter and receive a sentence of 10 years in prison, you will be required to serve 8.5 years before being eligible for early release.
Crimes for which this 85% rule applies include, but are not limited to, the following:
- First-degree murder
- First-degree manslaughter
- Assault with the intent to kill
- First-degree rape
- First-degree arson
- Bombing
- Child pornography
- Child prostitution
- Aggravated drug trafficking
Initial Consultation: Tahlequah Criminal Defense Attorney
For a low-cost consultation with a Tahlequah criminal defense attorney, call 918-458-2677 or toll free at 1-888-447-7262.
Or, as always, you may enter a legal question in the form at the top right of this page.
