A felony is defined as any crime which may punished by death or with imprisonment in the penitentiary for more than one year. However, committing the actual felony isn’t the only way someone can face consequences for the crime.
Generally, anyone who was an accessory to a felony crime in Tulsa, Oklahoma can also face serious consequences.
Defining “Accessory”
The definition of an accessory to a felony in Oklahoma is broadly defined as anyone who conceals or aids the offender. He must also know that the offender has committed a crime and act with the intent that felon may avoid or escape from arrest, trial, conviction, or punishment. (Ok. Stat. Tit. 21 Sec. 173).
A person is not, however, an accessory if they assist someone who has committed a misdemeanor offense.
Therefore, if a state decides to charge a defendant with a misdemeanor crime instead of a felony, the person who assisted him would not be charged as an accessory.
Punishment for Accessory to a Felony
There are several different punishments for accessory to a felony in Oklahoma and they are as follows:
- If the underlying offense is a felony punishable by imprisonment in the penitentiary for four (4) years or more, the person guilty of being an accessory shall be subject to imprisonment in the penitentiary for a term not exceeding one-half (1/2) of the longest term prescribed upon a conviction for the underlying offense;
- If the underlying offense is a felony punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of being an accessory shall be subject to imprisonment in a county jail for not more than one (1) year;
- If the underlying offense be punishable by a fine only, the person guilty of being an accessory shall be subject to a fine not exceeding one-half (1/2) of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense;
- If the underlying offense be punishable by both imprisonment and a fine, the offender convicted of being an accessory shall be subject to both imprisonment and fine, not exceeding one-half (1/2) of the longest term of imprisonment and one-half (1/2) of the largest fine which may be imposed upon a conviction of the underlying offense; and
- If the underlying offense be murder in the first degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than forty-five (45) years. If the underlying offense be murder in the second degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than twenty-five (25) years.
(Ok. Stat. Tit. 21 Sec. 175)
Free Consultation: Tulsa Felony Defense Attorney
Accessory to a felony is a serious crime that can lead to years behind bars, even if someone was well-intentioned.
If you or someone you know is faced with this charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 .