What Is a Felony? What Is a Misdemeanor?
You may have heard that Oklahoma can charge a person with a misdemeanor for his first drunk driving offense. You may have heard about the changes to the Oklahoma statute that voters approved in November, making drug possession a misdemeanor. You may have heard that Oklahoma places people charged with misdemeanors in a different correctional facility than those charged with a felony. But you may be wondering, what really is a misdemeanor, and why is it different from a felony?
Generally, a misdemeanor is a criminal offense that is punishable by no more than 12 months in jail. Courts often sentence those convicted of misdemeanors to community service, probation, fines, and imprisonment for less than a year. The relevant statute or law usually states that the crime is punishable by a misdemeanor. See, e.g., 47 O.S. § 11-902(C).
Examples of misdemeanors in Oklahoma include:
- DUI and DWI
- Battery
- Assault
- Shoplifting
- Vandalism
- Breaking and entering
- Petit larceny
- Marijuana possession
- Possession of controlled substances (starting July 1, 2017)
In contrast to a misdemeanor, a felony is a crime punishable with death or by imprisonment for more than a year. In Oklahoma, generally a felony is punishable by one year or more in a state or federal prison, but some Oklahoma statutes specify imprisonment in a county jail rather than prison. As you might expect because the punishment can be more severe, felonies are usually more severe or extreme crimes than misdemeanors.
Examples of felonies in Oklahoma include:
- Second DUI offense, if committed while on probation or within 10 years of finishing another sentence for DUI
- Homicide (commonly called murder)
- Sexual assault
- Rape
- Aggravated assault
- Child sexual abuse
- Child abuse or neglect
- Drug possession with intent to distribute
- Robbery
- Drug trafficking
In Oklahoma, your second offense for some crimes is punishable by a felony, even though the first offense was punishable by a misdemeanor. Driving under the influence (DUI) is one example. 47 O.S. § 11-902(C)(2).
People convicted of felonies lose some civil rights, such as the right to vote, the right to sit on a jury, and the right to use, own, or possess firearms. They can face difficulties in obtaining employment or in obtaining licenses required in certain types of professions. A felony conviction can affect a person for the rest of his life.
Have you been charged with a misdemeanor or felony DUI in Oklahoma? Seek out the attorney who knows DUI law so well that he teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.