The difference between a felony and misdemeanor in Okmulgee is huge. The implications range from the length of potential jail time on to your ability to expunge the crime if the charge ends in a conviction. In Oklahoma, crimes are classified as either felonies or misdemeanors. Depending on which you are charged with can determine how you are sentenced by the court. A felony is defined as a crime which is punishable by over one year in prison. There are also certain capital felony’s that may be sentenced as life in prison or in limited circumstances by death.
A misdemeanor is every other crime that is not a felony and can result in a deferred or suspended sentence up to 1 year in jail. Examples of misdemeanors in Oklahoma include: simply assault, violations of protective orders and larceny offenses. Other misdemeanor cases include first time DUI and drug crimes. Misdemeanor offenses can be punished by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment.
Felony Charges in Okmulgee
The penalties of a felony conviction are very severe. In fact the process by which they’re handled is complexly different than a misdemeanor. For a felony charge the process involves a preliminary hearing. At this hearing the Okmulgee District attorney office will have to put on a probable cause hearing. At the hearing they’ll be required to bring their witness and the witness must testify to what they know. Your criminal defense attorney is also there and will be able to cross examine the State so called witness.
This preliminary hearing is not like the trial where the State has to prove beyond a reasonable doubt that you committed the crime. At a prelim the State is only required to show that a reasonable probability exits that you committed the crime. At the conclusion of the preliminary hearing, if the State meets its burden of proof, the Judge will bind the case over for jury trial. Examples of some felony crimes include drug trafficking, domestic assault and battery by strangulation, robbery and second offense DUI.
Consequences of Felony Convictions
As set out above the consequences of a felony conviction involve a longer sentence than a misdemeanor. In addition to a longer sentence a felony conviction also has other adverse consequences. One such consequence is that you’ll be prohibited from owning or possessing a firearm or being with someone who has a firearm. Additionally the amount of time that must pass before you can seal the conviction through an expungement is longer than a misdemeanor.
Misdemeanor Crimes in Oklmulgee
A misdemeanor is clearly the lesser of the two evils, but they still have their consequences. They can go on your criminal record just like a felony. Having your name in court records for a felony or misdemeanor can be troubling in applying for employment, seeking educational opportunities, buying a home, or passing background checks. Having your brush with the law available to the public eye can also interfere with your personal relationships and reputation.
Okmulgee Criminal Attorneys Near You
Criminal convictions are generally open to the public. That means that a conviction is on your record and will remain there for a period of time. Its important that you realize that its not uncommon for the District Attorneys office to over charge a crime. Sometimes this is done as a means of having more leverage over you in an attempt to make you plead early. This is where a skilled Okmulgee criminal defense attorney comes in. Our attorneys understand the difference between a felony and misdemeanor and will make sure that the prosecutor charges the crime within the law. We work tirelessly in your defense and have enjoyed many wins for our clients. Call today and get a Free and confidential consultation today.