A felony is defined as any crime which may punished by death or with imprisonment an Oklahoma state penitentiary.
Most felonies are generally punished with more than one year in prison, as well.
However, in Wagoner, committing the actual crime itself isn’t the only way someone can face consequences if they are an “accessory” to the crime.
Helping someone else commit a crime can lead to accessory to felony charges in Oklahoma, which carry potentially serious legal and financial consequences.
Defining Accessory To Felony Charges in Oklahoma
The state of Oklahoma broadly defines an accessory to a felon as anyone who conceals or aids the offender, with knowledge that he has committed a felony.
To face accessory to felony charges in Oklahoma, this accomplice must also act with the intent that felon may avoid or escape from arrest, trial, conviction, or punishment. Okla. Stat. tit. 21 § 173
Therefore, a prosecutor must present evidence to the court or jury that a suspected accessory:
- knew the person had committed a felony, and
- had the intent to help him or her avoid punishment.
Note, however, that Oklahoma does not recognize accessories to misdemeanor crimes.
If a state thus decides to charge a defendant with a misdemeanor instead of a felony crime, the person who assisted him would not be charged with accessory.
Punishment for Accessory to Felony Charges in Oklahoma
There are several different punishments for accessory to felony charges in Oklahoma and they are as follows:
- If the underlying offense is a felony punishable by imprisonment in the penitentiary for four years or more, the person guilty of being an accessory shall be subject to imprisonment in the penitentiary for a term not exceeding half of the longest term prescribed upon a conviction for the underlying offense.
- If the underlying offense is a felony punishable by imprisonment in the penitentiary for any time less than four years, the person guilty of being an accessory shall be subject to imprisonment in a county jail for not more than one year.
- If the underlying offense be punishable by a fine only, the person guilty of being an accessory shall be subject to a fine not exceeding half of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense.
- If the underlying offense be punishable by both imprisonment and a fine, the offender convicted of being an accessory shall be subject to both imprisonment and fine, not exceeding half of the longest term of imprisonment and half of the largest fine which may be imposed upon a conviction of the underlying offense.
- If the underlying offense be murder in the first degree, the accessory thereto shall be punished by imprisonment for not less than 5 years nor more than 45 years.
- If the underlying offense be murder in the second degree, the accessory thereto shall be punished by imprisonment for not less than 5 years nor more than 25 years.
Okla. Stat. tit. 21 § 175
Initial Strategy Session: Wagoner Felony Defense Attorney
Accessory to felony charges in Oklahoma are serious and can lead to years behind bars, even if someone had good intentions.
Call Wirth Law Office – Wagoner today at 918-485-0335 for a low-cost consultation.
Or, as always, you may enter a legal question in the form at the top right of this page.
You are under no obligation after your initial consultation with a Wagoner criminal defense attorney; therefore, we urge you to contact us to assist you with this criminal charge.
