Unlike other states, Oklahoma does not break its felonies into different classifications. Instead each felony is measured by a specific degree under each individual crime. These categories defined the crimes as violations, misdemeanors, or felonies and places each into differing required sentences. All felony offense punishments are to be served in state prison facilities instead of county or local jails as these are reserved for lesser crimes and lesser punishments. However there are a few exceptions.
Murder in the first degree can be punished by death as Oklahoma has capital punishment. First-degree murder is also punishable by life in prison without the chance of parole or life in prison with the opportunity to be paroled. The severity of the sentence depends on the severity of the crime as well as any prior offenses or additional offenses. Murder in the second degree is punishable by confinement of no less than ten years but no more than a single term of life in prison. Second-degree murder cases can have varying consequences if an individual pleads nolo contender or pleads guilty to the offense. At times the punishment can be lesser and sometimes the punishment can be more severe.
Offenses classified as domestic abuse can have different ranges of punishments that are based on prior behavior of physical abuse. Usually these kinds of punishments are served in the Department of Corrections under special custody for no more than ten years. These kinds of offenses can also receive a fine requirement with or without an incarceration sentence that cannot exceed five thousand dollars. An assault and battery offense with the use of a deadly weapon can have an imprisonment term of no more than ten years in a state prison facility or can be punishable by no more than a single year in a county or local jailing facility. The attempt to kill another by the use of poison is punishable by no less than ten years in a state prison.
Oklahoma also has classifications for driving under the influence offenses that can be classified as either felonies, with high punishments for multiple offenses, or misdemeanors, with lower punishments for single offenses. Marijuana charges can also be classified as both felonies and misdemeanors. These classifications depend on the amount of marijuana in possession and the number of prior offenses for the single individual. Other offenses are sited as felonies in Oklahoma and can include embezzlement charges, conspiracy charges, rape charges, child prostitution charges, tax violation charges, and many others. These charges can range from ten years to no less than one year of incarceration.
Oklahoma Felony Expungement
Expungement in the state of Oklahoma is only allowed in special circumstances. Cases where individuals have been convicted of prior felonies are not allowed to apply for expungement unless the otherwise waived by the court. Individuals who have plead nolo contender or guilty to a sexual offense and are required to register as sex offenders are also not permitted to apply for expungement in the state of Oklahoma. Deferred judgment also eliminates expungement eligibility.