The “Three Strikes Law” imposes harsher penalties on repeat offenders convicted of multiple serious or violent crimes. While states apply this law differently, the general concept remains: individuals convicted of three serious offenses face significantly increased penalties. Oklahoma enforces its own version of the Three Strikes Law, making it important for anyone with prior convictions to understand how it works.
Overview of Oklahoma’s Three Strikes Law
Oklahoma’s version of the Three Strikes Law is in the state’s habitual offender statutes. These laws impose progressively severe penalties on individuals who repeatedly commit certain types of crimes. The focus is typically on violent felonies, though other serious offenses may also qualify.
Simply put, after a third felony conviction, particularly for violent crimes, the offender is subject to enhanced sentencing. These sentences could include a lengthy prison term or even life imprisonment without the possibility of parole.
Qualifying Offenses
Not all felonies trigger the Three Strikes Law in Oklahoma. The law primarily targets violent and serious felonies. Examples of qualifying offenses include:
- Murder: Any conviction for first or second-degree murder is likely to trigger the Three Strikes Law.
- Robbery: Armed robbery or robbery with a dangerous weapon is considered a serious offense under Oklahoma law and can count as a strike.
- Rape: Convictions for rape or other serious sexual offenses count as strikes.
- Kidnapping: Convictions for kidnapping can also qualify as a strike under the law.
Other serious crimes, such as burglary, drug trafficking, and certain types of aggravated assault, may also count as strikes, depending on the circumstances and the offender’s criminal history.
Application of the Three Strikes Law
The application of the Three Strikes Law in Oklahoma is generally at the discretion of the prosecutor and the court. When an individual receives a new felony charge, the prosecutor reviews their criminal history to determine whether they qualify as a habitual offender.
If the individual has two or more prior convictions for qualifying offenses, the prosecutor may file an application with the court seeking enhanced penalties under the Three Strikes Law. If the court approves, the individual may face a significantly longer sentence than they would for first or second offenses.
Occasionally, the court may impose a life sentence without the possibility of parole if the individual has three or more qualifying convictions. Oklahoma law may impose mandatory minimum sentences for certain offenses, meaning that the judge has limited discretion in sentencing and must impose at least the minimum sentence required by law.
Legal Defenses and Challenges
Given the severe consequences of the Three Strikes Law, defendants must understand their legal rights and potential defenses. Some possible defenses or challenges to the application of the Three Strikes Law include:
- Challenging Prior Convictions: If one of the prior convictions is invalid or was obtained in violation of the defendant’s constitutional rights, it may be possible to challenge the use of that conviction as a strike.
- Plea Agreements: It may be possible to negotiate a plea agreement that avoids a third strike.
- Arguing for Sentencing Discretion: Defense attorneys may argue that the circumstances of the case warrant a more lenient sentence, even if the defendant technically qualifies for enhanced penalties under the Three Strikes Law.
A criminal defense attorney can ensure your rights are protected and get the best possible outcome for your case.
Creek County Defense Attorneys
Oklahoma’s Three Strikes Law works to impose harsh penalties on repeat offenders, particularly those who commit violent or serious crimes. While the law aims to protect the public by punishing habitual criminals, it also raises significant questions about sentencing fairness.
When facing charges under Oklahoma’s Three Strikes Law, it is essential to seek legal counsel. Our criminal defense attorneys at Creek County Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
