Criminal law in Oklahoma can be very complex. If you or a loved one has been arrested, chances are you probably have questions about the criminal defense law process in Oklahoma. Our experienced team of Oklahoma Criminal Defense Attorneys at Fry & Elder understands this and can empathize with your situation, which is why we have provided some answers to some of the more common questions surrounding criminal law in Oklahoma.
What should I do if I’m arrested?
It would be in your best interest to immediately call an attorney, and to not say anything further because you could incriminate yourself. You have the constitutional right to remain silent and to an attorney. Anything you say to the authorities could be used against you.
What is a misdemeanor?
Misdemeanor definitions vary state to state, but in Oklahoma, misdemeanors do not fall into separate categories like Class 1, 2 or 3 – with Class 1 being the most serious and Class 3 the least serious. Instead, Oklahoma determines misdemeanor crimes by the potential punishment associated with them. The typical punishment for anyone convicted of a misdemeanor is $500 in fines or a sentence of up to one year in jail, thought the courts have the ability to impose both. A typical misdemeanor charge might consist of simple assault, first-time DUI offense or fleeing the scene of an accident.
What is a felony?
Just as with misdemeanors, Oklahoma does not classify felonies into categories. Oklahoma defines a felony as any crime that is punishable by imprisonment or prison or death. Each felony in Oklahoma has its own penalties associated with it. Oklahoma also carries out additional penalties for repeat felony offenders and has an 85 percent rule in place in which people convicted of certain crimes must serve at least 85 percent of their sentence.
If charged with a felony or misdemeanor, what should I do?
While a felony charge is much more serious than a misdemeanor, both could have serious repercussions and penalties. You are going to need to find an experienced Oklahoma criminal defense lawyer who will work, work, work for you. The attorneys at the Oklahoma law firm of Fry & Elder are well versed in trying both Oklahoma federal criminal defense cases and Oklahoma criminal misdemeanor cases. The firm was named to the prestigious Best Law Firms 2015 list by the U.S. News & World Report and attorneys Robert G “Hap” Fry, M. Shane Henry, Aaron D. Bundy and Luke Barteaux each have garnered accolades from the esteemed legal publication Super Lawyers®. Contact Fry & Elder today to set up a free consultation.