4 Strikes Law in Oklahoma is House Bill 2153. This new bill makes significant changes to current possession of CDS laws in our State. As part of criminal defense reform many states have set up alternative or reduced sentencing for many crimes. House Bill 2153 is an attempt to reverse or otherwise mitigate what some claimed as a lenient drug possession law.
4 Strikes Law in Oklahoma
Under the new law individuals who violate the states possession of CDS law can now be subject to felony charges. Prior to this new law, regardless of the number of CDS convictions and regardless of the type of CDS a person possessed, the crime was only classified as a misdemeanor. The good news for those facing the new law is that a felony crime only applies after an offender has gone through a period of enhancement. The enhancement follows 4 separate possession charges and does not include possession of marijuana. The bill applies possible punishment as follows:
- First offense is still a misdemeanor. Just like any other misdemeanor, if convicted, the defendant is subject to a fine and or up to one year in the County Jail.
- Any subsequent convictions enhance if they occur within 10 years of the prior charge. In this case the possession still charges as a misdemeanor. But the subsequent conviction allows the Judge to order the offender to drug assessment and substance abuse programs. In many cases this includes drug court. The Judge may also order a term of diversion for as long as one year. In this period the defendant is on probation and must follow the terms of the probation or face additional punishment.
- A third violation is where things begin to get much more difficult for the accused. Once again the 10 year look back period requires that for the punishment to apply the 3rd offense must be within 10 years. For a third offense the House bill requires the defendant to spend 30 days in County Jail. They will also be on probation for as long as 3 years. During this period the Court will require drug and alcohol treatment as well as other fines and costs.
- The fourth violation really becomes serious for an offender. Once again the crime must be within the ten year look back. For the forth offense a defendant is charged with a felony and could face a year in jail. This can reduce, but any reduction comes with certain drug treatment and other probation requirements.
Get The Legal Help You Need
If you’ve been charged with a possession of CDS you can face the new 4 Strikes Law in Oklahoma. Although the old law is serious there was much less at stake in the event of a conviction. Under the new law there are several areas that are nuanced and require the help of good solid legal representation. Get a free consultation with a criminal defense attorney in Tulsa. Call Kania Law Office at 918.743.2233 or click here to ask a free legal question.
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