Individuals facing jail time in Oklahoma are often in the dark concerning how criminal sentences are determined in Oklahoma. You must first be convicted of the crime for which you are charged by the judge or jury. The judge then determines the actual sentence you will receive as punishment for the crime for which you have been convicted. This article is a brief explanation of how the judge determines sentencing in Oklahoma.
Sentencing in Oklahoma
With the exception of certain crimes, particularly those for which the death penalty may be imposed, it is the judge who will determine your sentence. For certain crimes, however, the criminal statute that defines the act as a crime will also specify the range of the sentence that a person convicted of that crime may receive.
For example, a criminal statute may specify that a particular act is a crime and is punishable by a fine of up to $1,000, up to a year in jail, or both. The judge then has the discretion to decide the severity of your sentence within those limits.
Federal and state laws may also set mandatory minimum and maximum sentences with which a judge is obligated to comply. For example, if a particular crime carries a mandatory minimum five-year prison sentence, the judge, in most cases, will be powerless to sentence you to less than the minimum required by law.
Mitigating and Aggravating Factors in Criminal Sentencing in Oklahoma
Crimes that require mandatory sentences are relatively few in number, so the judge normally has the authority to consider a number of different factors in determining the appropriate sentence for a particular crime, within the ranges allowed by law. It is then the defense’s responsibility to bring to the court’s attention factual circumstances related to your offense that make the case for a lighter sentence. Factual circumstances that argue for a lighter sentence are referred to as “mitigating factors.”
Here are some examples of mitigating factors:
- The fact that you have little or no criminal history.
- You were only an accessory to the crime, not the main offender.
- When you committed the crime, you were under a great amount of stress, thus your judgment was impaired.
- The crime was committed without causing harm to anyone, or in a way in which nobody was threatened.
In contrast, the prosecutor may present the judge with what are referred to as “aggravating factors,” which make the case for a more severe sentence. A prior criminal record is the most common of all aggravating factors. Others include extreme cruelty or malice, or the use of a weapon in the commission of the crime. Sentencing guidelines often specify which aggravating circumstances should be considered in determining the sentence for a particular crime.
Summary
With exception of certain crimes, sentencing in Oklahoma is determined by the judge who presides over your case. This is with respect to both state and federal statutory maximum and minimum requirements, as well as any aggravating or mitigating factors. For more precise information on the sentence you or a loved one should expect to receive if convicted of a crime, consult with an experienced Oklahoma criminal defense attorney.
Initial Consultation: Tulsa Criminal Attorney
A good criminal defense attorney will argue fervently for the most lenient sentence possible for your criminal conviction. Contact Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.
A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: 918-256-3400.