Particular Enhancement Schemes
Some statutes (like the DUI Statutes) have their own enhancement system for repeat offenders. If they do, then generally those particular enhancement systems will apply if all the prior offenses are in the same scheme as the new offense. For example: Joe in got a DUI in Noble, Oklahoma. He had no prior offenses so that DUI was a misdemeanor. However, Joe soon followed that up with another DUI in Pauls Valley, Oklahoma. Because his prior was a DUI his newer DUI was charged as a felony. This is a crime-specific enhancement scheme. There are a slew of other ones for offenses like drug-trafficking.
General Enhancement Scheme
A person who has been convicted of a prior felony in any jurisdiction (depending on adequate proof being available) has a different sentencing range if convicted for a new felony. In Oklahoma this is governed by Section 51.1 of Title 22 of the Oklahoma Statutes.
If the new (second) conviction is for:
- A violent offense that has a possibility of imprisonment of more than five years then the range of punishment available to the Court is ten (10) years to life in prison.
- A non-violent offense that has a possibility of imprisonment of more than five years then the range of punishment available to the Court is twice the minimum to life in prison.
- A non-violent offense that has a possibility of imprisonment of more than five years has no minimum sentence will have a range of punishment from two (2) years to life in prison.
- A non-violent offense that has a maximum punishment of less than five years or less will have a range of punishment from zero to ten (10) years imprisonment.
- If the new conviction is for petit larceny then the range of punishment is from zero to five (5) years imprisonment.
A violent offense then the range of punishment is from twenty (20) years to life in prison.
A non-violent offense, if committed within 10 years of completion of any sentence for a prior felony, will have a range of punishment of three times the minimum sentence to life in prison, unless the new crime has no minimum punishment, in such circumstance it will have a range of punishment from four (4) years to life in prison.
Notably, Murder in the First Degree is not enhanceable. They can only give you so much Death or Life without the Possibility of Parole.
Former Deferred Judgement
A former deferred judgment does not count for enhancement purposes, however, if the case in which a deferment was ordered is still open then that case could be accelerated to a conviction and then used to enhance the new charge's range of punishment. Be aware that deferred judgments do count for some purposes especially in a DUI context.
If you have an AFCF charge you are in a serious situation and you need the help of competent counsel right away. Call a criminal defense lawyer at (405) 310-9890 for a free consulation.