Oklahoma Criminal Defense Laws

Sex crimes against children under 18 must be prosecuted within 12 years after the victim turns 18. If DNA evidence identifies the suspect, prosecution must begin within 3 years of the DNA match.

First and second DUI offenses are misdemeanors (3-year SOL). Third and subsequent offenses within 10 years are felonies (7-year SOL). Oklahoma also has a "DUI drugs" provision covering controlled substances and marijuana.

Restructures Oklahoma's felony system into 14 classes: A1 (life/death-eligible, e.g., first-degree murder), A2 (20–life, e.g., kidnapping), B1/B2, C1/C2, D1/D2, E1/E2, F1/F2. Establishes presumptive sentencing ranges, departure guidelines, and a felony sentencing commission. Replaces the prior system of offense-specific ranges.

Offenses committed before January 1, 2026 use the prior system: offense-specific ranges (e.g., Robbery First Degree: 10 years to life). No class system. Maximum sentences doubled for second felony convictions, tripled for third.

Oklahoma authorizes the death penalty for first-degree murder with aggravating circumstances. Methods: lethal injection (primary), nitrogen hypoxia (secondary), electrocution (tertiary), firing squad (quaternary). The Oklahoma Death Penalty Review Commission has recommended reforms but executions continue.

State Question 780 (2016) reclassified simple drug possession and property crimes under $1,000 from felonies to misdemeanors. SQ 781 directs savings from reduced incarceration to a County Community Safety Investment Fund for rehabilitation programs.

Provides automatic expungement for qualifying nonviolent misdemeanors after the later of 5 years from completion of sentence or 10 years from the filing date. Felony expungement remains petition-based: nonviolent felonies after 5 years from completion of sentence. Violent crimes and sex offenses are not eligible.