Ponca City, OK asked in Criminal Law for Oklahoma

Q: Is possession of cds the only felony that was made a misdeamenor retroactive in Oklahoma?

Wondering if the other one's like Concealing stolen property or burglary 2 retroactive also as of Nov 1st 2019

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1 Lawyer Answer
David A. Cincotta
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Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: There is a misconception that the Possession of CDS law was made retroactive. Instead of doing that, the Legislature enacted a law providing relief to individuals currently serving a sentence for a crime that occurred before the crime became a misdemeanor. The law made them eligible for commutation and limited the court's authority to revoke a suspended sentence or accelerate a deferred sentence for one of those crimes. That law does have a broader application than just Possession of CDS. It applies to any offense that was a felony and is now a misdemeanor. So that should include property offenses involving property valued between $500 and $1,000 in which the threshold value (for determining if the crime is a felony) was increased by law to $1000.

Here is a link to that law: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=483860

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