What to Do When Facing a Misdemeanor vs. Felony Charge
Jan. 28, 2026
When facing criminal charges, questions flood the mind about potential jail time, fines, and how a conviction might affect future employment or housing. The first step toward clarity involves understanding exactly what kind of charge is on the table.
While both misdemeanors and felonies carry serious consequences in Oklahoma, they differ significantly in severity and procedure. Knowing these differences helps people make smarter decisions about their defense.
When legal trouble arises, securing legal representation matters more than anything else. The skilled team at Justin Lowe & Associates brings more than two decades of legal experience in criminal defense. Attorney Lowe understands that good people sometimes find themselves in difficult situations, and he fights to make sure a single mistake does not dictate a person's entire future.
Whether the charge you're facing is a misdemeanor or a felony, the legal system moves quickly. Without legal guidance, you can often miss critical opportunities to reduce charges or have cases dismissed entirely. Attorney Justin Lowe can guide you through what you can expect in a criminal case and the steps you need to take following a misdemeanor or felony charge.
Understanding the Basics: Misdemeanor vs. Felony
At a fundamental level, the difference between a misdemeanor and a felony comes down to the severity of the alleged crime and the potential punishment. In the United States, crimes are categorized by the harm they cause to victims or society.
What is a Misdemeanor?
A misdemeanor is generally considered a lesser offense than a felony, but it shouldn't be taken lightly. These offenses still result in a criminal record and can involve crimes such as petty theft, simple assault, first-time DUI offenses, or trespassing.
Convictions for misdemeanors usually carry shorter jail sentences, often served in a county jail rather than a state prison. Fines are typically lower, though they can still be substantial. Probation is a common outcome, allowing you to remain in your community under supervision rather than serving time behind bars.
What is a Felony?
Felonies represent the most serious class of criminal offenses. These charges include crimes like robbery, murder, rape, arson, and drug trafficking. Since these acts cause significant harm, the penalties are much harsher.
A felony conviction often leads to a prison sentence of at least one year or more in a state or federal facility. Fines can reach into the tens or hundreds of thousands of dollars. Beyond immediate penalties, convicted felons lose certain civil rights, such as the right to vote, the right to own firearms or live in a home where firearms are present, and often face severe restrictions on professional licensing which could prevent you from working in your career field.
Oklahoma Laws on Crime Classification
Oklahoma statutes provide specific definitions for what constitutes a misdemeanor versus a felony. Under Oklahoma law, any crime not punishable by death or imprisonment in a state penitentiary is generally classified as a misdemeanor.
Oklahoma misdemeanor law: In Oklahoma, misdemeanors typically carry a maximum penalty of one year in a county jail and a fine of up to $500, unless a specific statute states otherwise. For example, a first-time possession of marijuana is often treated as a misdemeanor. However, some crimes may carry higher fines.
Oklahoma felony law: Oklahoma law treats felonies with extreme strictness. A felony is any crime punishable by death or imprisonment in a state penitentiary. The state uses a sentencing grid for many offenses, but judges still retain discretion in many areas. Oklahoma is known for tough sentencing, particularly for drug and property crimes.
One unique aspect of Oklahoma law is the "predicate" or "enhancement" system. If you have prior felony convictions, a new charge that might otherwise carry a lighter sentence could be enhanced, resulting in a significantly longer prison term. This makes it vital to fight every charge aggressively, as a prior record can haunt you years later.
What to Do Immediately After an Arrest
Knowing what to do in the first 24 to 48 hours after an arrest can significantly impact your case. Panic is a natural reaction, but calm, strategic action is the best defense. The primary steps you should take are as follows.
Remain silent: The golden rule of criminal defense. Police officers are trained to gather evidence, and anything a suspect says can be used against them. It is not rude to politely decline to answer questions until an attorney is present. Simply stating, "I am exercising my right to remain silent and would like to speak to my lawyer," is sufficient.
Do not consent to searches: Unless the police have a warrant or there are specific emergency circumstances, you have the right to refuse a search of your person, car, or home. Consenting to a search waives your Fourth Amendment protections. If the police search anyway, a lawyer can argue later that the evidence obtained was illegally seized.
Contact a criminal defense attorney immediately: Do not wait for charges to be formally filed. The sooner an experienced criminal defense attorney gets involved, the better. Early intervention allows the defense team to preserve evidence, interview witnesses while memories are fresh, and potentially negotiate with prosecutors before a case even reaches a grand jury or a preliminary hearing.
Document everything: Once released, write down every detail of the arrest. What did the officers say? Was there a warrant? Did the officer read you your Miranda rights? Small procedural errors by law enforcement can sometimes lead to a dismissal of charges or the suppression of key evidence.
The Long-Term Impact of Convictions
Many people focus solely on the immediate threat of jail time following an arrest. However, the collateral consequences of a conviction can last a lifetime. Some areas where a conviction may have potentially long-term impacts include:
Employment and housing: Background checks are standard for most jobs and apartment rentals. A felony conviction often results in immediate disqualification for housing or employment. Even a misdemeanor can raise red flags for employers, particularly in fields requiring trust, such as finance, healthcare, or childcare.
Education: Federal student aid is often unavailable to those with certain drug convictions. A criminal record can also lead to expulsion from universities or denial of admission to graduate programs.
Professional licenses: State licenses are required from nurses and teachers to electricians and real estate agents and many other careers. Licensing boards in Oklahoma scrutinize criminal records closely. A conviction can mean the loss of a license and the end of a career that took years to build.
Why Legal Representation Matters
There is a misconception that you may not need a lawyer for a misdemeanor. However, this is a dangerous way of thinking. A skilled criminal defense attorney looks at the long game. For misdemeanors, a criminal defense attorney can help keep your record clean. This might involve negotiating a deferred sentence, in which the case is dismissed after a period of probation, or finding weaknesses in the prosecution's case to secure a not-guilty verdict.
For felonies, the stakes are freedom and future. A criminal defense attorney can analyze the prosecution's evidence, challenge the legality of the arrest, and build a narrative that humanizes you. In some cases, an experienced lawyer may be able negotiate a plea deal that could reduce a felony charge to a misdemeanor. If you are facing a felony or misdemeanor charge in Oklahoma, contact an experienced criminal defense attorney today.
Contact a Skilled Criminal Defense Attorney in Oklahoma City, Oklahoma
Facing the legal system creates immense pressure, but you shouldn't have to carry that burden alone. The experienced team at Justin Lowe & Associates strives to shift the weight of the case from you to their legal team so you can continue your life with as much normalcy as possible.
Attorney Justin Lowe firmly believes that a criminal charge does not define your worth or character. Whether the situation involves a misunderstanding or a serious error in judgment, everyone deserves a strong defense and the opportunity to move forward.
Located in Oklahoma City, Justin Lowe & Associates is committed to securing the best possible results for clients throughout the Oklahoma City Metro area and all areas of the state, including but not limited to, Edmond, Moore, Norman (Cleveland County), Guthrie (Logan County), Mustang and Yukon (Canadian County). Reach out today to schedule a consultation.