What is a Second Degree Felony in Oklahoma?

The classification of offenses by degrees under Oklahoma law only applies to specific offenses, including murder, arson, and robbery. Generally, crimes are classified either as a felony or a misdemeanor (O.S.A. § 4). Per Oklahoma Statutes Annotated (O.S.A.) § 5, a felony is any crime punishable by death or confinement in the state penitentiary. Every other crime is a misdemeanor (O.S.A. § 6).

Felonies include more severe types of crimes than misdemeanors. If an offense has multiple felony degrees, as well as a misdemeanor classification, the first degree felony classification is the most severe, with the order of seriousness decreasing with subsequent felony classes, before the misdemeanor.

Which Crimes Are Considered Second Degree Felonies in Oklahoma?

A felony becomes a second degree offense if there are less or fewer aggravating circumstances present during its commission, making it less severe than a first degree category of the same offense. If there are lesser classifications, such as third and fourth degrees, the second degree class is usually characterized by greater aggravating circumstances.

Considerable factors include the vulnerability of the victim (e.g., a minor, or a mentally or physically incapacitated adult), if the act was perpetrated during the commission of a higher felony, and the amount of danger posed to any person. Common felony crimes that have the second degree offenses are as follows:

• Arson: classified as a second degree offense if the burnt property is unoccupied;
• Robbery: classified as a second degree robbery if during the commission, the defendant did not inflict/threaten serious bodily injury or commit/threaten any other felony on the victim;
• Murder: classified as a second degree offense if perpetrated during the commission of a felony other than first degree murder, or another act imminently dangerous to the victim with disregard for human life.

What is Second Degree Murder and How is it Classified in Oklahoma?

Under Oklahoma Statutes § 701.8, a homicide is classified as second degree murder if:

• The crime was perpetrated during the commission of any felony other than a first degree murder; or
• It resulted from an act imminently dangerous to another individual in a manner that is suggestive of a depraved mind and showing a reckless disregard for human life

Second degree murder, under Oklahoma law, is devoid of a premeditated intent to kill. According to § 701.9 (B), a defendant convicted of murder is guilty of a felony and is punishable by confinement with the Department of Corrections for a minimum of 10 years and a maximum of life imprisonment.

Manslaughter is a similar but less serious felony punishable by 2-4 years imprisonment if a second degree felony, and 4 years or more if a first degree felony. Both sentences are to be served in a state penitentiary. Second degree manslaughter is also punishable by imprisonment in a county jail for not more than 1 year, a fine of $1,000, or both.

First degree murder is the most serious of all homicidal crimes and carries the most severe punishments: death sentence, life imprisonment without parole.

Oklahoma Second Degree Felonies Penalties and Punishments

Title 21 of the Oklahoma Statutes Annotated sets forth punishments applicable to various crimes recognized under state law. Prison times vary from 5 years to life imprisonment for different second degree felonies, with fines as low as $500 for some and up to $250,000 for others. Parole eligibility criteria also vary with crimes.

For instance, while robbery requires that an offender serves at least 10 years in confinement before consideration for parole, a person must serve at least 85% of their sentence if convicted of human trafficking. Generally, mitigating circumstances are considered when deciding a person’s sentence, e.g., homicide committed by accident and misfortune in doing a lawful act (O.S.A. § 731) or when resisting an attempt to commit any felony or murder upon them (O.S.A. § 733).

Other factors that may be considered in reducing a person’s sentence are the age of the victim, the amount of violence involved, the presence/absence of a firearm during commission, the intent of the act, and prior felony offenses (O.S.A. § 51.1).

Are Second Degree Felony Records Public in Oklahoma?

Yes. Per O.S.A. § 24A.30, all court records (including second degree felony records) are public, unless identified as confidential by statute. Notwithstanding, provisions under this statute also gives the court the authority to seal a record not statutorily confidential if there exists a substantial privacy interest that outweighs the public right to know or interest in a record. Records or portions of records containing the following are exempt from public disclosure:

• Mental health information
• Victim information, especially in sex-related or domestic abuse
• Identifying information about confidential informants and witness
• Protective orders
• Sealed or expunged records
• Presentence investigation reports.

How to Access Second Degree Felony Court Records in Oklahoma

Second degree felony records can be accessed at the district court where the case was heard. The court clerk serves as the record custodian and is responsible for facilitating public access to records. Visitors at the clerk’s office looking to access court records are typically required to carry a means of identification and case particulars, such as the defendant’s name and the case number. Record seekers are advised to adhere to court rules and request guidelines, as privacy concerns may limit the extent to which records can be accessed. Also, a court may access processing fees for requests.

For remote access to court records, interested persons may utilize the Oklahoma State Courts Network (OSCN) website. Search parameters are case information and case number. Searches on this website can be filtered using case type and filing date range. For other second degree felony records not maintained by the court, record seekers may query the Oklahoma State Bureau of Investigation (OSBI).

Records maintained by OSBI are available online through the Criminal History Information Request Portal (CHIRP). Requests through this portal must include the record subject’s full name and date of birth. This service costs $15.00. Fingerprint-based requests with the OSBI are made in person or via mail, and costs a fee of $19.00.

Oklahoma State Bureau of Investigation
6600 North Harvey Place
Oklahoma City, OK 73116
Phone: (405) 848-6724

Can Second Degree Felony Charges be Reduced or Dismissed?

Under provisions set forth in O.S.A. Ch.11, T.22, a court may independently dismiss a second degree felony charge against any person; where such action shall be in the furtherance of justice. A court can also dismiss a case at the request of the district attorney. If the district attorney wishes to have a felony case against a defendant dismissed, they must file a notice of dismissal at any time before the commencement of a preliminary hearing.

If the court grants the dismissal, it shall issue a dismissal order (O.S.A. § 815). The dismissal order, as well as the case’s minutes, are required to contain the reason for the dismissal. Note that a case’s dismissal does not bar future prosecution for the same offense against the defendant (O.S.A. § 817).

Depending on the case, strength of evidence, and legal representation, Oklahoma law allows the court to reduce a person’s sentences. However, a prison time reduction must not go below the mandatory minimum term (if the offense involved has a minimum prison time).

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Oklahoma?

It depends on if the person was convicted of the crime. If the defendant was convicted of a second degree or any other felony, they do not qualify for an expungement, as codified in Oklahoma Statutes Annotated, T. 22, § 18. Per rules outlined in the aforementioned statute, person's second degree felony record may only be eligible for expungement if:

• They were acquitted of the charge
• The conviction was reversed and the charges dismissed
• DNA evidence was used in establishing the defendant’s factual innocence
• The governor granted them a full pardon (if convicted)
• The offense was committed by an under 18 offender who has received full pardon
• The statute of limitations expires before charges are filed for a person that has been arrested.

If a record subject meets the criteria outlined in this statute, they may file an expungement application with a district court of competent jurisdiction, in accordance with O.S.A. T. 22, Ch. 18, Rule 14.2. The application must set forth the criteria under which they qualify for an expungement, identify the record to be expunged, and include any supporting document relevant to the conviction or expungement procedures. Note that an expungement order must be obtained from the district court prior to an expungement application (O.S.A. T. 22, Ch. 18, Rule 14.1).

How Long Do Second Degree Felony Records Stay Public in Oklahoma?

In Oklahoma, any record of a person’s involvement with law enforcement or the criminal justice system remains in the public domain indefinitely, even if they were exonerated. A record only becomes non-public if they qualify for and obtain an expungement for the said record. In states like California, an individual may qualify for automatic sealing if they meet certain criteria. Upon qualification, the court seals affected records without them initiating any expungement proceedings.