First-Degree Felony in Oklahoma

In Oklahoma, first-degree felonies typically refer to the most severe version of a crime. These crimes usually reveal an intent or premeditation to inflict bodily injury or death on another. In addition, first-degree crimes carry the harshest penalties under the Oklahoma statutes.

Per the Oklahoma Sentencing Modernization Act of 2024, felony offenses are grouped into classes based on the types of crimes, severity, and corresponding penalties. These classes include Classes Y, A1, A2, A3, B1, B2, B3, B4, B5, B6, C1, C2, D1, D2, and D3. Due to their severity, first-felony offenses are mostly found under Classes Y to C. For instance, first-degree murder, first-degree rape, and first-degree arson are under these classes.

Public Access to First-Degree Felony Records in Oklahoma

In Oklahoma, most first-degree felony records are accessible to the public. Interested parties may look up or obtain these records using official resources maintained by state or local entities.

For instance, you may find court records online using the state’s On-Demand Court Record platform. The platform provides access to records generated in 71 courts. To access documents, inquirers must provide relevant information like the case party name and number. Searches for court dockets are free, but inquirers may pay to access additional information like case calendars and images. It costs $55 per month to view district court images on the platform.

On the other hand, you may obtain physical copies of first-degree felony records via the clerks of the district courts. The court clerks maintain records of cases handled within the county. Some court clerks may offer online or offline resources for obtaining court documents.

Common Crimes Classified as First-Degree Felonies in Oklahoma

First-degree felonies in Oklahoma include:

• Murder in the first degree.
• Rape in the first degree.
• Aggravated manufacturing of controlled dangerous substances.
• Robbery in the first degree.
• Burglary with the aid of an explosive.

The FBI’s Crime Data Explorer provides an annual report on all documented first-degree felonies in Oklahoma. Per the report, the state’s criminal justice agencies recorded 329 murders, 2,585 rapes, and 2,412 robberies.

Prison Sentences and Fines for First-Degree Felonies in Oklahoma

Per Oklahoma statutes, penalties for felony offenses may not exceed 2 years in jail and $1,000 in fines. However, first-degree felonies are an exception to this rule. In Oklahoma, persons convicted of first-degree felonies may get a sentence between 2 years and the death penalty. The state’s statutes set penalties based on the crime, prior convictions, and circumstances around the criminal incident.

Based on crime severity, a first-degree murder conviction may warrant life imprisonment or the death penalty. In contrast, persons convicted of first-degree arson will get sentences up to 35 years in jail or pay fines up to $25,000.

Penalties are also dependent on the number of prior convictions. Case in point: first-time rape offenders may receive between a 5-year jail term and the death penalty. However, a third-time conviction for rape will attract the maximum life imprisonment with or without the option of parole.

What is the Maximum Sentence for a First Degree Felony in Oklahoma?

The death sentence is the maximum sentence you can get for a first-degree felony conviction in Oklahoma. Note that the death sentence only applies to first-degree murder offenses that involve aggravating circumstances.

In most cases, the maximum sentence depends on the crime type and number of prior convictions. Case in point: first-degree rape offenders may receive the maximum life imprisonment, while first-degree robbery convicts might get up to 30 years in jail.

What is First Degree Murder in Oklahoma?

Under Section 21-701.7, a person commits murder in the first degree when:

• The person willfully and maliciously kills another person.
• The person intentionally or unintentionally kills another while committing or attempting to commit a first-degree felony like rape, robbery, or kidnapping.
• The person willfully and maliciously used torturing, maiming, or injuring to cause the death of a child.
• The person intentionally solicited another to kill a person due to drug-related incidents.
• The person intentionally causes the death of criminal justice personnel, like law enforcement officers or correctional officers.

Oklahoma law imposes life imprisonment or the death penalty on those convicted of first-degree murder. Life imprisonment may come with the option of parole if no aggravated circumstances exist. However, there’s no option for parole if there’s an overwhelming amount of mitigating evidence.

Can First-Degree Felony Records Be Sealed or Expunged in Oklahoma?

No, most first-degree felonies are not eligible for expungement or sealing under Oklahoma laws. Per 21 O.S. § 13.1, offenders are unable to expunge the following first-degree felonies:

• First-degree murder.
• Manslaughter in the first degree.
• First-degree robbery.
• First-degree rape.
• First-degree arson.
• First-degree burglary.

Offenders are also unable to expunge first-degree convictions that require them to register as a sex offender.

Persons convicted of felony offenses may expunge or seal the record under these conditions:

• The court acquitted the offender.
• The conviction was reversed.
• The offender received a full pardon from the governor.
• No charges were filed.
• The offender was convicted of not more than two felony offenses.

Difference Between First-Degree and Second-Degree Felonies in Oklahoma

In Oklahoma, first- and second-degree felonies differ in severity, number of prior convictions, and penalties.

First-degree felonies typically include elements like malice or an intent to inflict serious injuries or to cause the death of another. These crimes are also more severe and may carry the harshest penalties. Case in point: first-degree murder convictions may attract the death penalty or life imprisonment.

Second-degree felonies are, however, less severe than first-degree crimes. While these crimes have severe consequences, they often lack the intent or malice commonly associated with first-degree crimes. Second-degree felonies also carry less-severe penalties. For example, persons convicted of second-degree arson may receive up to 25 years in jail, while first-degree robberies have a 35-year maximum sentence.

Statute of Limitations for First Degree Felony Charges in Oklahoma

The statute of limitation is the timeframe within which a prosecutor must file charges for an offense. Prosecutors or crime victims are unable to file charges after the time limit elapses.

Oklahoma laws impose different statutes of limitations on first-degree felonies. For instance, there is no statute of limitations for first-degree murder. However, prosecutions for arson cases must begin within seven years after the incident.

Note: There are instances when the state suspends and extends the statute of limitations. For example, the time limit may be suspended if the offender evades arrest or leaves the state.

Probation and Parole Eligibility for First-Degree Felonies in Oklahoma

Under §21-13.1v1 of the Oklahoma Statutes, persons convicted of first-degree felonies are eligible for parole after completing 85% of their sentence. Note that parole eligibility does not apply to convicts on death row or those serving life imprisonment without parole.

In Oklahoma, the court may offer probation instead of a prison sentence. The judge determines who is eligible for parole by considering the crime severity and prior convictions. The judge may also impose parole conditions, including paying victims restitution fees.

Impact of a First-Degree Felony Conviction on Criminal Records in Oklahoma

First-degree felony convictions are publicly accessible and may negatively impact a record subject’s life. For instance, persons convicted of first-degree felonies may face discrimination during job applications. Employers may refuse applications from persons convicted of violent- or sexual-type crimes. Housing agents and landlords may also screen out offenders and prevent them from renting properties. The law also prevents registered sex offenders from living in specific districts or neighborhoods.

Other consequences of first-degree felonies include the following:

• Permanent or temporary loss of voting or firearm rights.
• Lower chances of getting visas to other countries.