Oklahoma Felony: Laws, Penalties, Sentencing, and Records

In Oklahoma, a felony is typically any crime that can be punished by a sentence of more than a year in state prison. According to Oklahoma law, felonies are the most serious offenses and, as such, are punishable by long prison terms, hefty fines, civil rights limitations, and permanent criminal records.

What Is Considered a Felony in Oklahoma?

The Oklahoma Statutes Title 21: Crimes and Punishments defines felonies in the state. Typical felonies in Oklahoma include:

• Violent Crimes: Murder, manslaughter, rape, aggravated assault, robbery, kidnapping.
• Drug Crimes: Trafficking, manufacturing, and distribution of controlled substances.
• Property Crimes: Arson, burglary, auto theft, and larceny of property valued at $1,000 or more.
• White-Collar Crimes: Fraud, embezzlement, forgery, identity theft.
• Weapons Offenses: Possession of firearms by a felon, armed robbery, and unlawful firearm trafficking.

Some misdemeanors escalate to felonies based on value or injury. For example:

• Petit larceny becomes felony grand larceny when the stolen property exceeds $1,000.
• Simple assault rises to felony aggravated assault when it involves a deadly weapon or serious bodily harm.

What Is a Felony in Oklahoma?

According to Oklahoma law, a felony is any offense that carries a death sentence or incarceration in the state prison. In contrast, misdemeanors carry fines or a maximum sentence of one year in county jail.

Consequences of a felony conviction in Oklahoma include:

• Prison sentences range from 1 year to life or death.
• Fines up to $25,000 or higher, depending on the crime.
• Loss of rights, including firearm ownership, voting while incarcerated, and eligibility for specific jobs.
• Permanent criminal record, which impacts employment, housing, immigration, and licensing.

Felony Penalties in Oklahoma

Oklahoma imposes sanctions on an individual basis by statute, in contrast to states that use classification systems.

Examples of Oklahoma Felony Penalties

• First-Degree Murder: This can attract the death penalty, life without parole, or life with parole.
• Second-Degree Murder: This crime can get a perpetrator 10 years to life.
• Manslaughter (First Degree): If convicted, the sentence could be 4 years to life.
• Rape (First Degree): This can lead to a sentence of 5 years to life.
• Robbery with a Dangerous Weapon: This crime can see perpetrators facing 5 years to life.
• Burglary (First Degree): Burglary comes with a sentence of 7 to 20 years.
• Grand Larceny ($1,000 or more): This crime can get an individual a prison sentence of up to 8 years.
• Drug Trafficking (Large Quantities): Drug trafficking comes with a sentence of 4 years to life, with mandatory minimums.

Felony Sentencing Guidelines in Oklahoma

In Oklahoma, statutory ranges, judicial discretion, and aggravating or mitigating circumstances all play a role in sentencing.

Key Sentencing Factors

1. Statutory Penalties: Each felony statute sets its sentencing range.
2. Mandatory Minimums: Certain crimes, especially drug trafficking and violent offenses, require minimum sentences.
3. Aggravating Factors: Prior convictions, crimes against children or elderly victims, gang involvement, use of firearms.
4. Mitigating Factors: First-time offenders, cooperation with law enforcement, or rehabilitation potential.
5. Habitual Offender Law (21 O.S. § 51.1): Repeat offenders face enhanced sentences, sometimes doubling or tripling penalties.
6. Probation and Suspended Sentences: Some nonviolent felonies may result in probation or suspended sentences instead of prison.
7. Parole: Eligibility is determined by the Oklahoma Pardon and Parole Board, though violent offenders face longer minimum terms.

Armed robbery, for instance, provides a minimum penalty of five years to life, but regulations about habitual offenders can significantly raise it if the defendant has a history of offenses.

Felony Laws and Procedures in Major Oklahoma Cities

Oklahoma City (Oklahoma County)

The Oklahoma County District Court, which has one of the highest criminal caseloads in the state and handles felony prosecutions in Oklahoma City, handles cases including violent crimes and drug trafficking. You can access records via the Oklahoma State Courts Network (OSCN) or the Oklahoma County Court Clerk.

Tulsa (Tulsa County)

The Tulsa County District Court handles felony prosecutions in Tulsa, including violent offenses, drug trafficking, and burglaries. The Tulsa County Clerk's Office, often known as OSCN, has access to the records.

Norman (Cleveland County)

Property offenses and fraud are among the major felony cases heard at the Cleveland County District Court in Norman. Records are accessible via statewide websites or the Cleveland County Clerk.

How to Search for Felony Records in Oklahoma

Oklahoma offers both online and in-person access to felony records.

1. Oklahoma State Courts Network (OSCN)

Online access to felony case records by name or case number is available through the OSCN system. Records consist of:

• Case number and docket entries.
• Charges and filing dates.
• Court location.
• Sentencing outcomes.

2. District Court Clerk’s Offices

The first source for certified case files is the Clerk of the District Court in the county where the felony was prosecuted.

3. Oklahoma State Bureau of Investigation (OSBI)

TheOSBI Criminal History Reporting Unit keeps official statewide felony records. Employers, licensing boards, and people can all use fingerprint-based checks.

4. Local Police and Sheriff’s Departments

Police and sheriff's departments keep records of arrests and incidents. Although there may not be many open cases, individuals can request them under theOklahoma Open Records Act.

5. Third-Party Background Checks

Although official OSCN and OSBI sources are the most accurate, private services also offer access to Oklahoma felony records.

Open vs. Sealed Records

• Open Records: Most felony convictions remain public.
• Expungement: In Oklahoma, several felonies can be expunged after certain waiting periods, typically five to ten years. However, you may not be able to get expungement for violent crimes, sexual offenses, or repeat felonies.

Why Understanding Felonies in Oklahoma Matters

Felony convictions in Oklahoma have lifelong repercussions, extending beyond jail time and fines. Such convictions could have an impact on access to housing, employment opportunities, and rights. As such, it is important to understand Oklahoma’s felony rules, sanctions, and how to access such records.

In Oklahoma, felonies are grouped by statute rather than class groups. The most serious offenses can carry life sentences or the death penalty. Certain factors, such as statutory ranges, habitual offender laws, and aggravating or mitigating circumstances, all influence sentencing. Felony records in the state are accessible through the OSCN, the OSBI, and county District Court Clerks.