Asked in Criminal Law for Oklahoma

Q: A 4 year deferred was offered on a crime that the okl. Supreme court statute clearly states the maximum penality is 2 yr

My question is, what do I do next and how do I go about this?

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

A: The deferred judgment procedure is not a sentence, so the length in which the court can defer sentencing is not limited by the maximum range of a sentence for a specific crime. Should you agree to the deferred judgment, violate the terms of your probation, and the State seek to accelerate your sentence, the court would not be able to accelerate your sentence to anything more than the maximum sentencing range for the crime (2 years). But, with a deferred, you are not in fact legally sentenced (so it is not a conviction). It is a procedure in which the court can defer sentencing you until a certain date, and, if you complete everything that is required of you while on probation, then your case is dismissed. The statutory maximum limit in which a court can defer a sentence is seven (7) years.

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