A sentence is the final pronouncement of the punishment you will receive for the particular crime for which you have been convicted.
The jury in a court of law is allowed to recommend a sentence to the court, but it is the judge who ultimately makes the final decision.
The sentence you will receive for a crime in Oklahoma can range from just a fine or community service to life imprisonment, or the death penalty for capital offenses.
Here is how you can know what the sentence for your crime will be in Oklahoma.
Oklahoma Legal Statutes
In many cases, a legal statute will dictate what sentence you will receive for a particular crime. For instance, a legal statute may define a particular act as a crime and prescribe the specific sentence that a defendant convicted of that offense will receive. This is true for all felonies in the state of Oklahoma.
For example, Oklahoma legal statutes define the sale or distribution of marijuana in excess of 1,000 pounds as a felony. This is subject to four years to life in prison, and a maximum fine of up to $500,000.
Thus, to find out what sentence a felony offense in the state of Oklahoma carries, you can simply consult the particular legal statute that defines that offense. Also, an experienced criminal defense attorney can advise you about the statutes that may affect sentencing for your particular case.
The Judge
For misdemeanors, the law does not specify exactly what sentence a particular offense will be subject to receive. For these crimes, the sentence is specified in a separate law that governs the sentences for all crimes of a specific nature. It is then the judge’s responsibility to determine what punishment fits your crime.
In these cases, the law will suggest a sentencing range for a particular class of misdemeanors, within which the judge will make a final determination after having considered all of the factors 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 circumstances of your particular offense as well as your criminal record and impose a sentence.
Mandatory Sentencing Laws
Federal and state laws may also set mandatory maximum and minimum sentences within 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.
Again, in these cases you will need to consult the federal or state law governing the particular class of offenses and prior case history to see what sentence you should expect. To do so, you should consult with an experienced criminal defense attorney who is familiar with sentencing for the particular offense you have been charged with. A skilled criminal defense attorney can examine the particulars of your case to help you find out what the usual sentence for your crime will be in Oklahoma.
Free Consultation: Tulsa Criminal Defense Attorney
The state of Oklahoma imposes some of the harshest penalties in the nation. Fines, restrictive probation, and lengthy confinement are only part of the cost. A criminal conviction can cost you future job opportunities, your credit rating, your prestige among peers, and even your basic civil rights.
A Tulsa criminal defense attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your free consultation, call now: 918-256-3400.