Repeat Felonies Lead to Enhanced Punishment
Unfortunately for anyone facing a felony conviction in Oklahoma who has already had two prior felony convictions within 10 years, Oklahoma’s Three Strikes Law, officially known as the “Oklahoma Habitual Offender Enhancement Act,” Okla. Stat. tit.21§51.1, of 1994, comes into play. This law mandates that individuals who have been convicted of three violent felonies within the 10 years, will be sentenced to life imprisonment without the possibility of parole.
Under the Habitual Offender Enhancement Act, a person who has been convicted of three or more felonies can face life imprisonment without the possibility of parole. In addition, the law provides for mandatory minimum sentences for certain offenses, which can result in lengthy prison terms for non-violent drug offenses.
Tulsa Criminal Defense Law Firm Attorney’s Recognize the Injustice
Attorneys with the Tulsa Criminal Defense Law Firm point out that one of the main criticisms of the Habitual Offender Enhancement Act is that it is not fair to non-violent drug offenders. Because the law imposes mandatory minimum sentences for certain drug offenses, individuals who have been convicted of minor drug crimes in Oklahoma can face lengthy prison terms, even if they have not committed any violent crimes.
Moreover, our Tulsa criminal defense attorneys say studies have shown that mandatory minimum sentences do not effectively deter drug crimes, and can lead to overcrowding in prisons, which places a significant burden on taxpayers. Critics of the Habitual Offender Enhancement Act argue that it is a draconian measure that does not address the root causes of crime, such as poverty, lack of education, and drug addiction. Instead, they argue that the law disproportionately affects minority communities and perpetuates a cycle of poverty and crime.
Here are some specific facts that reflect on Oklahoma’s Three Strikes Law:
- Disproportionate Impact on Minorities: Studies have shown that Oklahoma’s Three Strikes Law has a disproportionate impact on minorities. In fact, a 2013 report found that African Americans in Oklahoma were nearly four times more likely than white defendants to be sentenced to life without parole under the law.
- Overcrowding in Prisons: Oklahoma’s Three Strikes Law has contributed to the state’s high prison population and overcrowding. As of 2021, Oklahoma had the highest incarceration rate in the nation, with more than 24,000 people in prison.
- Harsh Sentences for Non-Violent Offenses: The law imposes mandatory minimum sentences for certain drug offenses, which has resulted in lengthy prison terms for non-violent drug offenders. Critics argue that these harsh sentences do not effectively deter drug crimes and are costly for taxpayers.
- Disproportionate Impact on the Poor: Oklahoma’s Three Strikes Law has a disproportionate impact on low-income individuals who may not have access to adequate legal representation. As a result, they may be more likely to receive harsh sentences under the law.
There is Hope
It’s important to note that an experienced criminal defense attorney with the Tulsa Criminal Defense Law Firm can work to challenge the application of the Three Strikes Law in a particular case. Urgency though is a priority. Don’t put off contacting one of our attorneys so we can get started defending you right away. For example, Tulsa Criminal Defense Law Firm lawyers may be able to challenge the classification of a prior conviction as a “violent felony” or work to negotiate a plea deal that results in a lesser sentence as one of several defense options.
In recent years, there has been a growing push to reform the Habitual Offender Enhancement Act in Oklahoma. Some advocates have called for the law to be amended to exclude non-violent drug offenses from its scope, while others have called for the law to be repealed altogether. While the Habitual Offender Enhancement Act was originally intended to punish repeat offenders, its mandatory minimum sentencing provisions have been criticized for their harshness, especially in the case of non-violent drug offenses. As such, there is a growing push for reform and reconsideration of this law in Oklahoma.
Don’t Give Up Call For a Free Consult Today
If you or someone you know is facing a felony conviction in Oklahoma and has prior felony convictions, it is important to seek the guidance of experienced criminal defense attorneys right away. Don’t wait, the Tulsa Criminal Defense Law Firm has a team of skilled attorneys who can work to protect your rights and help you navigate the complexities of Oklahoma’s Three Strikes Law. Contact us today at 918-256-3400 for a free consultation and let us help you build a strong defense against any criminal charges you may be facing. Remember, there is hope, and we are here to help.