Types of Oklahoma Sentences in Tulsa: Deferred, Suspended, Jail & Prison Time

If you or a loved one has a criminal case in Tulsa or anywhere in Oklahoma, one of the first big questions is:

“What kind of sentence am I really looking at?”

Oklahoma law offers several different types of sentences, and each has very different consequences for your freedom, your criminal record, and your future. This guide breaks down the main types of Oklahoma sentences in plain English, with a focus on how they actually play out in Tulsa County District Court and the district courts of surrounding counties.

Topics covered:

Deferred sentences
Suspended sentences
Jail time vs. prison time
Concurrent vs. consecutive sentences
Oklahoma’s “85% crimes” (21 O.S. § 13.1)
Second and subsequent offenses (21 O.S. §§ 51.1, 51.1a, 51.2)
How plea negotiations, jury trials, and non-jury trials fit into sentencing

Important: This article is general information, not legal advice. Sentencing is fact-specific and the law changes. Always speak directly with an Oklahoma criminal defense attorney about your particular case.

Misdemeanors vs. Felonies: Jail Time vs. Prison Time

In Oklahoma, the basic dividing line between jail and prison is the maximum length of the sentence:

Misdemeanor:
- Punishable by no more than one (1) year in a county jail (like the Tulsa County Jail / David L. Moss).
- Often involves fines, probation, or a combination of probation and short jail time.

Felony:

- Punishable by more than one year, usually served in the Oklahoma Department of Corrections (state prison).
- Some felonies carry ranges like “0–10 years” or “up to life,” meaning the judge can order probation, jail, or prison within that range.

Think of it this way:

Jail time = local county facility, generally for misdemeanors and short felony sentences.
Prison time = state DOC facility, for felonies with longer sentences.

Even if the statute prescribes prison, good lawyering may result in no incarceration at all—for example, deferred or suspended sentences, which we’ll cover next.

What Is a Deferred Sentence in Oklahoma?

A deferred sentence is often the most favorable type of outcome (other than a dismissal of the charge or charges) that still involves a guilty or no-contest plea.

Under 22 O.S. § 991c, a judge can delay (“defer”) entering a judgment and sentence for a set period of time. You enter a plea, but the court does not immediately convict you. Instead, you’re placed on probation with conditions.

Typical conditions can include:

Supervised or unsupervised probation;
Community service;
Drug and alcohol testing;
Court costs and fines;
Treatment (substance abuse, anger management, DUI school, domestic violence classes, etc.)
No new law violations.

What happens if you successfully complete a deferred sentence?

If you finish the deferred period without violations and meet all conditions, the court can:

Dismiss the case, and
Show the outcome on your record in a way that can make you eligible for certain types of additional record expungement.

In practical terms, this often means:

No conviction on your record for that offense (once the process is finished), and
A much better position for clearing or sealing the record than if you had a suspended sentence or time in jail/prison.

What happens if you violate a deferred sentence?

If you pick up a new case or violate conditions, the district attorney can file a motion to accelerate the deferred sentence:

The judge can then find you guilty and impose any sentence up to the original maximum allowed by law.

So, a deferred sentence is a second chance, but it’s a serious legal obligation.

What Is a Suspended Sentence in Oklahoma?

A suspended sentence is different—even though people often confuse it with a deferred sentence.

Under 22 O.S. § 991a, the judge enters a conviction and imposes a sentence, but then suspends some or all of that sentence, allowing you to serve it on probation instead of behind bars.

Key points about a suspended sentence

There is a conviction on your record.
The judge pronounces a sentence (for example, “5 years in DOC, all suspended”).
You serve that time in the community under probation conditions instead of in jail/prison—unless it’s later revoked.

Conditions of a suspended sentence usually look similar to a deferred sentence: probation, treatment, fees, no new crimes, etc.

Violating a suspended sentence

If you violate conditions:

The State can file a motion to revoke the suspended sentence.
The judge can order you to serve some, or all, of the previously suspended time in jail or prison.

Deferred vs. Suspended: What’s the Real Difference?

The biggest difference is your conviction status:

Deferred sentence:
- No conviction entered if you successfully complete probation.
- Case is often dismissed at the end, and you may qualify for expungement sooner.
Suspended sentence:
- Conviction is entered immediately.
- You avoid jail or prison up front, but you’re on probation with a criminal conviction on your record.

Put bluntly:

Deferred = chance to avoid a conviction.
Suspended = conviction, but no immediate jail/prison.

From a long-term record and employment standpoint, that difference can be huge.

Serving Time: Jail vs. Prison in Oklahoma

If you’re sentenced to actual incarceration, here’s what that generally looks like:

County jail (misdemeanors and shorter terms)

Used for misdemeanors (up to 12 months) and sometimes short felony time.
In Tulsa County, this is normally the David L. Moss Criminal Justice Center.
Shorter sentences, closer to home, but conditions can still be very tough.

Oklahoma Department of Corrections (prison)

Used for felony sentences over one year.
Time is served in DOC facilities across the state.
The rules on earned credits, parole, and the 85% rule are much more complex and can drastically change how much time you actually spend in custody.

Whether you end up doing local jail time, DOC time, or no incarceration at all often depends on the type of sentence (deferred/suspended vs. straight time), your criminal history, and whether your offense falls under special rules like 85% crimes or repeat-offender enhancements.

Concurrent vs. Consecutive Sentencing

If you have more than one charge or case, the judge usually has to decide whether your sentences run:

Concurrent – at the same time;
Consecutive – back-to-back.

Example

Imagine you receive:

5 years on Count 1
5 years on Count 2

If the judge orders them served concurrently:

You serve 5 years total (both at the same time).

If the judge orders them served consecutively:

You serve 10 years total (one after the other).

In Oklahoma, judges have broad discretion to make sentences concurrent or consecutive, unless a specific statute requires consecutive time for a particular offense (for example, some violent or sex offenses).

This decision can double or cut in half the effective time a person spends in custody, especially on DOC sentences or when 85% crimes are involved.

Oklahoma’s 85 Percent Crimes

Oklahoma’s “85% rule” is a major trap for the unwary. If you’re convicted of an 85% crime, you must serve at least 85% of your sentence before you’re eligible for parole, and you cannot use earned credits to drop below that 85%.

What is an 85% crime?

Under 21 O.S. § 13.1, certain serious felonies are designated as 85% crimes. These include, among others:

First-degree murder
Second-degree murder
First-degree manslaughter
Shooting with intent to kill and other violent assaults with deadly weapons
Robbery with a dangerous weapon and conjoint robbery
First-degree rape
Certain child-related crimes (abuse, lewd molestation, child pornography, child prostitution)
First-degree arson and first-degree burglary
Aggravated drug trafficking and human trafficking

Example:

If someone is sentenced to 20 years for an 85% crime:

They must serve at least 17 years (85% of 20 years) before they can even be considered for parole.
They are not allowed to earn enough credits to reduce their actual time below that 85%.

So, on an 85% crime, the number printed on the judgment is much closer to the real amount of time you’ll actually sit.

Second and Subsequent Offenses

Oklahoma has a set of “habitual offender” or repeat-offender rules that can dramatically increase the punishment if you have prior felony convictions.

These rules are often referred to as the “second page” of the Information—the part where the State lists your prior felonies for enhancement.

8.1. General felony enhancement – 21 O.S. § 51.1

21 O.S. § 51.1 is the main enhancement statute for second and subsequent felonies. In general, it says that if:

You’ve been previously convicted of a felony, and
You commit a new felony within a certain time frame after completing the prior sentence,

then the sentencing range for the new felony increases above what a first-time offender would face.

Depending on the nature of the offense and how many prior felonies you have, this can mean:

Higher minimum sentence,
Higher maximum sentence (sometimes up to life), or
Both.

The exact numbers vary by offense category and legislative changes, but the big idea is:

Prior felony convictions can turn a case that might have been a probation-eligible sentence into a long DOC sentence.

8.2. Second offense of certain sex crimes – 21 O.S. § 51.1a

21 O.S. § 51.1a deals with a very specific—and very harsh—category:

A second conviction for:
- Rape in the first degree,
- Forcible sodomy,
- Lewd molestation, or
- Sexual abuse of a child

requires a sentence of life without parole.

There is no “85%” calculation here; life without parole means exactly what it sounds like.

8.3. Ten-year “washout” rule – 21 O.S. § 51.2

21 O.S. § 51.2 is often called the “washout” statute. It limits when old convictions can be used for enhancement under § 51.1.

In simplified terms:

If 10 years have passed since you completed the sentence on a prior conviction (including probation or parole), and
You haven’t picked up another felony (and certain other disqualifying offenses),

then that old conviction generally cannot be used to enhance you as a second or subsequent offender—with some exceptions in certain child-abuse and similar cases.

This rule can be crucial in negotiations and sentencing argument:

A prior that “looks bad” on paper may or may not legally count for enhancement, depending on how old it is and what you’ve done since.

How Sentencing Works in an Oklahoma Criminal Case (Big Picture)

While every case is unique, sentencing in Oklahoma typically involves several stages. The path your case takes directly affects what type of sentence you could receive.

Charging decision

The State, through the office of the district attorney, files charges in the District Court in which the alleged criminal offense occurred, sometimes including a second page alleging prior felonies.
The original charges and any enhancements determine your starting range of punishment and whether you’re looking at jail, DOC time, or realistic deferred/suspended options.

Case analysis / Negotiations / Plea discussions

Your attorney analyzes the base range of punishment, whether any punishment enhancements apply, including but not limited to whether the 85% crime status applies, read and review the evidence, evaluate the strengths and weaknesses of the case, determine whether there are viable motions to be filed or hearings to be conducted including a preliminary hearing.
Analyze whether a deferred or suspended sentence might be realistically on the table.
The defense and prosecution may discuss possible plea agreements, such as:
- Deferred or suspended sentences;
- Jail or DOC time;
- Whether sentences run concurrent or consecutive;
- Whether the State will amend, reduce, or dismiss certain counts.

If the case cannot be dismissed and plea discussions do not result in an offer you can accept, the next step is often trial.

Jury trial or non-jury (bench) trial

In Oklahoma:

You have the right to a jury trial in criminal cases.
You may also waive a jury and choose a non-jury trial (also called a bench trial), where the judge decides whether you are guilty or not guilty.

Jury trial:

A jury of citizens hears the evidence and decides whether the State has proven the charge beyond a reasonable doubt.
In many felony cases, Oklahoma uses a two-stage process:
1. The jury decides guilty or not guilty.
2. If guilty, the jury will also recommend a sentence within the legal range.
The judge ultimately imposes the sentence, but the jury’s recommendation carries extremely significant weight.

Non-jury (bench) trial:

The judge hears the evidence and decides whether you are guilty or not guilty, but an important procedural note, the State must also waive its right to jury trial in order to proceed to a bench trial.
If you are found guilty, the judge later decides the type and length of the sentence.

If you are acquitted (found not guilty) at trial, there is no sentence and the case is over. If you are convicted—either by a jury or by a judge in a bench trial—the case moves into the formal sentencing phase.

Sentencing options

After a guilty plea or conviction at trial, realistic outcomes might include:

Deferred sentence (in some cases, as part of a plea);
Suspended sentence (some or all of the time suspended on probation);
County jail time (often for misdemeanors and shorter terms);
DOC prison time (for felonies and longer sentences);
Sentences on multiple counts or cases ordered served concurrently or consecutively.

Whether you went to trial or resolved the case by plea, the available options are shaped by:

The charge(s) and statutory range of punishment;
Any 85% crime status;
Any repeat-offender enhancements;
Your personal background, criminal history, and the facts of the case.

Sentencing hearing

The judge considers the law, any jury recommendations, pre-sentence investigations, victim impact statements, and arguments from both sides.
The court then decides:
- The type of sentence (deferred, suspended, jail, DOC);
- The length of the sentence;
- Whether multiple sentences run concurrently or consecutively;
- Specific conditions of probation if your sentence is deferred or suspended.

For serious felonies, especially 85% crimes and enhanced cases, the sentencing hearing can determine whether you serve months vs. years in custody.

Why It’s Critical to Understand Your Sentencing Exposure

Because of Oklahoma’s combination of:

Deferred vs. suspended sentencing;
Jail vs. prison;
Concurrent vs. consecutive time;
85% crimes;
Repeat-offender enhancements;
The possibility of a jury or non-jury trial;

Two people with similar or even the same charges on paper can face radically different outcomes.

In Tulsa, your sentencing exposure is usually the center of every plea negotiation, trial decision, and sentencing hearing. If you don’t understand the difference between a deferred, a suspended, DOC time on an 85% crime, and what a jury or judge can do at sentencing, it’s almost impossible to make an informed choice.

Talk to a Tulsa Criminal Defense Attorney About Your Sentencing Options

If you or a family member is facing a criminal charge in Tulsa County or anywhere in Oklahoma, you don’t have to navigate all of this alone.

A local Tulsa criminal defense attorney can:

Analyze whether you’re realistically eligible for a deferred or suspended sentence;
Evaluate whether the State can lawfully enhance your case or use old priors;
Determine if your charge is an 85% crime and what that means for real time;
Advise you on the risks and benefits of a plea agreement, jury trial, or non-jury trial;
Argue for concurrent rather than consecutive sentencing where legally possible;
Work to minimize the long-term impact on your record, employment, and family.

If you’re looking at a new case in Tulsa County District Court or any other district or tribal court in Oklahoma—whether misdemeanor or felony—get advice tailored to your exact charges and criminal history before you decide how to plead or whether to go to trial.

This article is intended for educational purposes about Oklahoma criminal sentencing and does not create an attorney-client relationship or substitute for individualized legal advice.