Prior Offenses and Range of Punishment

Wed, 11/29/2017 - 12:50pm
Sentencing

A person who has been convicted of a prior felony in any jurisidiction (depending on adequate proof being available) has a different sentencing range if convicted for a new felony.  In Oklahoma this is governed by Section 51.1 of Title 22 of the Oklahoma Statutes.

If the new (second) conviction is for:

A violent offense that has a possibility of imprisonment of more than five years then the range of punishment available to the Court is ten (10) years to life in prison.

An other offense that has a possiblity of imprisonment  of more than five years then the range of punishment available to the Court is twice the minimum to life in prison.

An other offense that has a possibility of imprisonment of more than five years has no minimum sentence will have a range of punishment from two (2) years to life in prison.

An offense that has a maximum punishment of less than five years or less will have a range of punishment from zero to ten (10) years imprisonment.

If the new conviction is for petit larceny then the range of punishment is from zero to five (5) years imprisonment.

If the new (third or more) conviction is for:

A violent offense then the range of punishment is from twenty (20) years to life in prison.

Another offense, if committed within 10 years of completion of any sentence for a prior felony, will have a range of punishment of three times the minimum sentence to life in prison, unless the new crime has no minimum punishment, in such circumstance it will have a range of punishment from four (4) years to life in prison.

Prosecutorial Discretion.  The District Attorney has the option of seeking enhancement of a current charge.  If they do not seek the enhancement then it does not apply.  This is a frequent point in an agreed plea.  For instance, on a second offense in exchange for a plea of guilty the State might waive enhancement leaving the range of punishment at its first time offender level.  During a preliminary hearing the District Attorney is obligated to adequately prove the existence of a prior conviction.  Your attorney will have to scrutinize the former conviction in order to determine whether it can be successfully challenged.

Former Deferred Judgement.  A former deferred judgment does not count for enhancement purposes, however, if the case in which a deferment was ordered is still open then that case could be accelerated to a conviction and then used to enhance the new charge's range of punishment.  Be aware that deferred judgments do count for some purposes especially in a DUI context.

If you have an AFCF charge you have a serious problem and you need the help of competent counsel right away.  Call us at (405) 601-9393.  We are state-wide with reasonable rates and excellent results!

 

 

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