Understanding Class A Misdemeanors in Oklahoma

In Oklahoma, a misdemeanor is a crime that falls between a felony and a minor infraction, such as a traffic violation. Misdemeanors are considered less serious than felonies but more serious than petty offenses, and they carry penalties of up to one year in county jail and a fine not exceeding $500.

Unlike some other states that use labels like “Class A”, “Class 1”, or “Level A” misdemeanors to indicate severity, Oklahoma does not formally categorize misdemeanors into classes. Instead, the law treats misdemeanors as a general group of offenses that are less severe than felonies. Common examples of misdemeanor offenses in Oklahoma include first-time DUI, simple assault, petty theft above a specific value, disorderly conduct, and minor drug possession.

Examples of Class A Misdemeanors in Oklahoma

Some examples of Class A misdemeanors in Oklahoma, as highlighted in OK Stat § §21, include:

• First-time DUI offenses
• Interpersonal violence at a lower severity level (simple assault)
• Property-based crimes at a smaller scale (larceny)
• Impairment or lesser-severity drug-possession or public misconduct offences

Penalties for a Class A Misdemeanor in Oklahoma

According to OK Stat § §21-10, when a misdemeanor statute does not specify a punishment, the default penalty is imprisonment in county jail for up to one year, a fine not exceeding $500, or both. However, OK Stat §21-64 specifies that any misdemeanor conviction where no fine is prescribed by law, the court or a jury may impose a maximum fine of $1,000 in addition to the imprisonment. Judges in Oklahoma have broad discretion to adjust sentences based on aggravating (such as being a repeat offender or the victim being a minor) or mitigating (such as being a first-time offender or cooperating with authorities) circumstances.

Probation and Alternative Sentencing Options in Oklahoma

The 22 O.S. § 991a gives Oklahoma courts the authority to impose alternative sentencing options in place of imprisonment for Class A misdemeanor convictions. The judge may suspend all or part of the sentence and require the defendant to complete community service, make restitution, or comply with specific behavioral or monitoring requirements such as electronic supervision. Sometimes, the court may reduce the imprisonment and require the defendant to serve it in combination with probation or house arrest as part of a suspended sentence. Only individuals who meet specific eligibility criteria will be given alternative sentencing options. For example, the nature of the offense or the defendant’s criminal history might be considered. The court retains full discretion to determine whether a suspended sentence or probation is the most appropriate disposition.

Can a Class A Misdemeanor Be Expunged or Sealed in Oklahoma?

Yes, individuals can expunge or seal Class A misdemeanors in Oklahoma. This will prevent members of the public from accessing the court or arrest records associated with the offense. The eligibility criteria for expungement in Oklahoma are highlighted in 22 O.S. § 18. According to 22 O.S. § 991(c), those who have received a deferred sentence may seek to have their plea expunged. Anyone eligible for expungement should mail a completed Petition for Expungement Form to the Oklahoma State Bureau of Investigation (OSBI).

While the OSBI does not impose a fee for expunging court records related to Class A misdemeanor offenses, it requires a $150 processing fee for expunging arrest records. Payments can be made by cashier’s checks or money orders. The expungement process takes about one month to complete. Expunging one’s Class A misdemeanor convictions increases the chances of being employed, accessing housing and credit, restores rights, and reduces the stigma associated with the sentence.

Long-Term Consequences of a Class A Misdemeanor Conviction

A Class A misdemeanor convictions extend beyond the courtroom and the immediate sentence. They carry long-term consequences because they become part of a person’s criminal record and can influence several aspects of their personal and professional life. For example, a Class A misdemeanor may appear on background checks conducted by employers, and some employers may be hesitant to hire someone with a criminal history. However, eligible individuals can reduce these employment barriers by requesting expungement of certain misdemeanor convictions. Some Oklahoma professional licensing boards may deny, suspend, or revoke licenses based on specific criminal convictions, which can affect a person’s eligibility to practice in those fields.

A Class A misdemeanor can also have indirect effects, such as social stigma, difficulty qualifying for certain volunteer positions, or limitations in child custody disputes. They can influence long-term stability and community participation.

What to Do if You’re Charged with a Class A Misdemeanor in Oklahoma

Residents charged with a Class A misdemeanor in Oklahoma should take the situation seriously and respond carefully. They can start by understanding the charge against them. A Class A misdemeanor in Oklahoma is a serious offense that can result in potential jail time, fines, or both. They should learn about the nature of the alleged offense, the possible penalties, and any conditions of their release. This information is available in their charging documents, or they should contact the court clerk in the court where the case was handled. The court or prosecutor will send all important updates relating to the case to the defendant by mail. The defendant should respond to these communications promptly and keep every document for reference purposes. The defendant must do due diligence to attend their hearing, as missing it can result in a bench warrant or additional charges. While not everyone chooses to hire an attorney, obtaining professional legal advice can help the defendant understand their rights and the potential outcomes of their case. Those who cannot afford a lawyer may be eligible for a public defender.

Statute of Limitations for Class A Misdemeanors in Oklahoma

According to OK Stat §22-152, the statute of limitations for Class A misdemeanors in Oklahoma is three (3) years. This means that prosecutors have three years to file charges for most misdemeanor offenses. Although the three-year rule is the default, some crimes, such as tax law violations, have more extended deadlines. Under §22-153, if the defendant is out of the state when the offense is committed, the statute of limitations does not run during the time they are absent. Prosecution may be commenced within the standard time limit after the defendant returns to Oklahoma, ensuring that time spent outside the state is not counted against the statute of limitations.