A felony charge is very serious. A felony conviction can result in severe penalties including thousands of dollars in fines, years in prison and the loss of civil rights. In addition, if convicted of a felony, you will face fairly severe employment and housing consequences.
So, if you have been charged with a felony offense, it is most often in your best interest to explore the possibility of having your felony charge reduced to a misdemeanor charge, if at all possible.
Felonies vs. Misdemeanors in Tulsa, Oklahoma
According to Oklahoma criminal statutes, a crime is defined as any “….act or omission prohibited by the law which, upon conviction, is punishable by fine, imprisonment, removal from office, disqualification to hold office, or death.” “Misdemeanor” and “Felony” are terms used to categorize crimes by the severity of the punishment you may possibly receive.
Felonies
In Oklahoma, a felony is generally any offense which is punishable by one year or more in a state or federal prison. Felonies are generally more extreme crimes than misdemeanors; murder is an extreme example of a felony crime.
Here are other examples of felonies in Oklahoma:
- Homicide.
- Rape.
- Robbery.
- Sexual Assault.
- Aggravated Assault.
- Child Abuse or Neglect.
- Child Sexual Abuse.
- Child Pornography.
- Drug Possession with Intent to Distribute.
- Drug Trafficking.
Misdemeanors
Misdemeanors generally carry less severe penalties than felonies. In Oklahoma, a misdemeanor is an offense that is punishable by no more than one year in a county jail.
Examples of misdemeanors in Oklahoma include:
- Battery.
- Simple Assault.
- Shoplifting.
- Vandalism.
- Breaking and Entering.
- DUI, DWI, and APC.
- Marijuana Possession.
- Petty Larceny.
Reducing a Felony to a Misdemeanor in Tulsa, Oklahoma
It goes without saying that the first strategy for defending any felony charge is to convincingly establish your innocence, or at least cast doubt on the evidence presented by the prosecution. Remember, it is the prosecution’s job to try to convince the jury of your guilt beyond a reasonable doubt; if the prosecutor fails to do this in the eyes of the judge or jury, you will most likely be found not guilty.
If you cannot sufficiently establish your innocence or cast doubt on the state’s case against you, your attorney may be able to reduce the consequences of a probable conviction by intervening early with the state attorney’s office to reduce the charges against you from a felony to a misdemeanor.
Just because a person has been arrested does not mean that the state has to proceed with that particular charge. If your attorney intervenes early with the state, there may be a possibility, depending on the facts and circumstances of your case, that the felony charge can be reduced to a misdemeanor. There may even be a chance to convince the state’s attorney not to proceed on any charges at all.
Wobbler Crimes in Tulsa, Oklahoma
Often, individuals are charged with crimes that are considered “wobbler crimes.” These are offense that may either be charged as a felony or a misdemeanor depending on the circumstance of the crime itself.
For instance, theft of property with a value of less than $500 will be classified as a misdemeanor in Oklahoma, while the theft can be classified as a felony if the value of the stolen property exceeds $500.
If you have little or no past criminal record, or have behaved well on probation in the past, your attorney can submit a written motion to the court to reduce a “wobbler crimes” felony to a misdemeanor charge.
If you have been charged with a felony in Tulsa, Oklahoma, it is advisable to speak with an attorney who can advocate to reduce your felony charge to a misdemeanor charge, in order to give you the best chance of avoiding jail time and receiving the least severe penalties possible.
Free Consultation: Tulsa Criminal Attorney
When you’ve been arrested in the Tulsa area, it’s time to retain a Tulsa criminal attorney who will look out for your legal interests. Contact your defense team at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa criminal 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.