OKLAHOMA CRIMINAL LAW

Criminal law in Oklahoma is found in the State's statutes that codify the crimes, punishments, and trial procedures afforded defendants. Oklahoma's criminal law addresses a wide array of behavior punishable by jail time, fines, or both. The following information is a selection of Oklahoma's criminal statutes covering common topics of the law and providing a brief summary of the crime and possible punishment. For specific questions about an area of Oklahoma criminal law or if you have been arrested for a crime in Oklahoma, contact an Oklahoma criminal defense attorney.

Drug Possession In Oklahoma

Oklahoma's drug possession and distribution laws are some of the most harsh in all of the United States, and anyone arrested with drugs faces serious jail time and heavy fines. A drug arrest in Oklahoma will carry varying punishments depending on the type of drug, the quantity of drug, and the offense charged.

1. Marijuana Offenses: in Oklahoma offenses are divided into possession and sale.
1. Possession charges for first offenders can lead to a misdemeanor conviction punishable by up to 1 year and a fine up to $1,000. Second time possession offenders face a felony charge punishable by 2 - 10 years in jail and a fine up to $5,000.
2. Sale, or possession with intent to sell, in Oklahoma is a felony punishable from 2 years to life in prison, and a fine up to $20,000 depending on the quantity of marijuana possessed.
2. Narcotics Offenses: in Oklahoma, narcotics offenses carry steeper penalties than those for Marijuana.
1. Possession of a narcotic substance such as cocaine, heroin, or meth faces a felony charge punishable by 2 - 10 years in jail and a fine up to $5,000.
2. Possession with intent to sell, or sale of narcotics carry sentences of 5 years - Life in prison and fines up to $100,000 depending on the type and quantity of the drug.

Because Oklahoma has broad punishment categories with the possibility of multiple years or life in prison for drug offenses, the facts of each case will play a significant role in determining punishment length and amount. A drug offense in Oklahoma is as serious and anyone arrested for drug related crimes in Oklahoma should immediately contact an Oklahoma criminal attorney.

Assault In Oklahoma

Oklahoma punishes the offense of assault and battery as a crime when a person either attempts to cause physical harm to another or does cause physical harm to another by use of violent force.The punishments for assault and battery can vary depending on the severity of the attack and nature of the victim.

• Simple Assault and Battery in Oklahoma occurs if the attacker causes threat of harm and actual harm by use of violence. It is punishable by 90 days in jail and a fine up to $1,000.
• Assault and Battery with a Dangerous Weapon occurs when an attacker either causes threat of harm or causes actual bodily harm with a deadly or dangerous weapon. The crime is a felony punishable by 1 - 10 years in jail.
• Aggravated Assault and Battery occurs when an attacker inflicts serious bodily harm (such as a broken bone), or attacks an elderly person or a child. The crime is a felony punishable by 1 - 5 years in jail and a fine up to $500.

Assault and battery can result in even more serious consequences if the attacker commits the crime against a family member, pregnant woman, or other victim that is weaker than the defendant. Anyone arrested for a crime of assault and battery in Oklahoma should immediately contact an Oklahoma criminal lawyer.

Oklahoma Drunk Driving - DUI

It is unlawful for any person in Oklahoma to drive while under the influence of alcohol, and anyone charged with a DUI in Oklahoma faces fines, possible jail time, and suspension of their driver's license. A first time DUI conviction in Oklahoma could result in a 10 days - 1 year in jail, a fine up to $1,000, a license suspension of 30 days, additional court costs and administrative fees, and a possible enrollment in an alcohol treatment or education program at the defendant's expense. Anyone arrested for a DUI in Oklahoma should contact an Oklahoma DUI attorney immediately.

Trial Date In Oklahoma

An Oklahoma defendant is entitled to a speedy and public trial to hear the issues and render a verdict on their arrest. The Oklahoma criminal statutes do not set a particular date, but generally a defendant awaiting trial while in jail will have a trial within one year while defendants who are out on bail can expect a trial within 18 months. With questions about whether or not a particular defendant's right to a speedy trial has been violated, contact an Oklahoma criminal attorney.

Right To Jury Trial In Oklahoma

A defendant in a criminal trial in Oklahoma has a right to be tried by a jury. This right will not apply to cases involving minor offenses tried by and Oklahoma justice court. Any defendant with questions about their right to a jury in Oklahoma should contact an Oklahoma criminal lawyer.

Sentence Review / Appeals In Oklahoma

A convicted defendant in Oklahoma has a right to file an appeal to a higher court to review their conviction or sentence for errors. An appeal may challenge any decision of the trial court such as rulings on motions, objections, evidence, or decisions involving the verdict or sentencing. An appeal in Oklahoma requires timely attention to detail and knowledge of legal procedures. If filing an appeal in Oklahoma, make use of an Oklahoma criminal defense attorney.

Oklahoma Statutes Citationized

Relevant Oklahoma Criminal Laws

1. Drug Possession in Oklahoma
1. Okla. Stat. tit. 63, ch. 2, §§ 2-401, 2-402.
2. Assault in Oklahoma
1. Okla. Stat. tit. 21, ch. 20, §§ 644, 645, 646, 647.
3. Oklahoma Drunk Driving - DUI
1. Okla. Stat. tit. 47, ch. 11, § 11-902.
4. Trial Date in Oklahoma
1. Okla. Stat. tit. 22, ch. 1, § 1-13.
5. Right to Jury in Oklahoma
1. Okla. Stat. tit. 22, ch. 1, § 1-16.
6. Sentence Review / Appeals in Oklahoma
1. Okla. Stat. tit. 22, ch. 18, § 18-1051.