A sentence is the final pronouncement of the punishment that you will receive for the particular crime for which you have been convicted. The jury in a court of law is sometimes allowed to recommend a sentence to the court, but it is the judge who ultimately makes the final decision. The sentence you receive can range from a fine and community service to imprisonment, or for capital offenses, the death penalty. Here is how you can know what the prescribed punishment for your crime is in Oklahoma.
Oklahoma Statutes Designate Sentences
In many cases, a legal statute will dictate what punishment you will receive for a particular crime. For instance, a statute may define a particular act as a crime and prescribe the specific punishment that offense will be subject to. This is in fact true for all felonies in the state of Oklahoma. So for example, Oklahoma legal statutes define the sale or distribution of marijuana in excess of 1000 pounds as a felony with a sentence of 4 years to life in prison, and a maximum fine of $500,000. So, to find out what punishment a felony offense in the state of Oklahoma carries, you can simply consult the particular legal statute that defines that offense.
The Judge Often Determines Sentences
For other crimes, the law does not specify an exact punishment. For these crimes, the punishment is specified in a separate law that governs the punishments for all crimes of a specific nature. In most cases, the law will suggest a range of punishments for a particular class of misdemeanors within which the judge will make a final determination after having considered all of the factor involved in your case.
For example, a certain class of misdemeanors may be subject to a maximum fine of $1,000 or six months in jail, or both. The judge will then look at the circumstance of your particular offense as well as your criminal record and impose a punishment, ranging from a zero to $1,000 fine and zero to six months in jail, or a combination of both.
Federal and state laws may also set mandatory maximum and minimum sentences with which a judge is obligated to comply. For example, if a particular crime carries a mandatory minimum five-year prison sentence, the judge will be powerless to sentence you to less time.
Deferred Sentences and Probation
Not every criminal charge results in a determination of guilt. Plea agreements often allow deferred sentencing. In those cases, a defendant might enter a plea of guilty but the court defers pronouncing sentence until after a period of court-ordered supervision. If the defendant successfully completes the probation, the charges can later be dropped. If the defendant fails to comply with terms of probation, the court can find the defendant guilty and pronounce sentence according to statutory guidelines and whatever discretion the statutes allow of judges.
Court ordered supervision in a deferred sentence agreement is often called probation, but the probationer’s status is different than that of a person convicted of a crime and ordered to serve probation. If a person is sentenced to probation after a court has found that person guilty, the court might order the person to serve time in jail or in prison.
A deferred sentence is also different from a suspended sentence. When a sentence is suspended, a person is usually ordered to serve probation – either supervised or, sometimes, unsupervised. Failure to comply with terms of probation can lead to imposition of whatever portion of a sentence might have been suspended. A person convicted of a crime might be required to serve a term in jail before entering a probation program for the duration of term of incarceration designated in a suspended sentence.
To find out on your own what sentence is prescribed by law for a particular offense, you will need to consult the statute governing the particular class of offenses and prior case history to see what sentence you should expect in Oklahoma. There’s a good chance you might not find all of the relevant laws by doing your own research. You would be better informed if you consult with an experience criminal defense attorney who is familiar with sentencing for the particular offense you have been charged with, who can examine the particulars of your case and who can help you find out what is the prescribed punishment for your crime is in Oklahoma.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with a Okmulgee criminal defense lawyer, just call our Okmulgee office at (918) 756-9600 or toll-free (888) Wirth-LAW now for a initial consult at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will promptly return your message.
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