Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

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

A: The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The deferred judgment procedure described in this section shall apply only to defendants who have not been previously convicted of a felony offense and have not received more than one deferred judgment for a felony offense within the ten (10) years previous to the commission of the pending offense.

Provided, the court may waive this prohibition upon written application of the district attorney. Both the application and the waiver shall be made a part of the record of the case."

Pete David Louden agrees with this answer

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