But I Thought it Was a Misdemeanor?
Oklahoma has several crimes that upon first offense are just considered Misdemeanors, but second offenses are potentially felonies. And the Oklahoma Legislature, which has never suffered from a an abundance of common sense, keeps adding more and more crimes which are “predicates for felonies.”
The most common crimes that are charged as felonies upon a second occurrence are Driving Under the Influence, Actual Physical Control, Possession of MJ and Domestic Abuse. If you have previously pled guilty to any of these crimes, even if you received a deferred sentence and the prior case has been dismissed, there is a good chance that a second charge will be a felony. Petit Larceny can also be a felony upon third conviction.
There are a few exceptions. If you pled to a deferred on a prior DUI or APC BEFORE November 1, 2011, completed the deferred and the case was dismissed prior to the new charge, it should still be a misdemeanor. For domestic abuse, the prior misdemeanor can only be used for 10 years from the date of completion of the sentence or probationary term, as long as there have been no convictions for a misdemeanor involving moral turpitude or a felony.
Suffice to say, this is an area of law that can be very complicated and you need to fully understand the ramifications of a plea of guilty, even if you are told the case will be dismissed after probation. Contact an EXPERIENCED and LOCAL criminal defense lawyer if you have any questions. Faulk Law Firm, PLLC has free consultations!