Oklahoma Felony Classes and Misdemeanor Penalties (2026)

Oklahoma defines a felony as "a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary" (21 O.S. 5), and every other crime is a misdemeanor (21 O.S. 6). Since January 1, 2026, the Oklahoma Sentencing Modernization Act of 2024 (21 O.S. 20A to 20Q) sorts every felony into lettered classes, from Class Y to Class D3, while misdemeanors keep a single default penalty of up to one year in county jail and a $500 fine (21 O.S. 10). For other states, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oklahoma's felony and misdemeanor definitions (21 O.S. 5, 6), the default punishments (21 O.S. 9, 10), the felony class sections of the Oklahoma Sentencing Modernization Act of 2024 (21 O.S. 20A to 20Q), the repeat-offender statutes (21 O.S. 51.1, 51.1a), the 85% rule (21 O.S. 13.1), suspended sentences and probation (22 O.S. 991a, 991b) and deferred judgment (22 O.S. 991c). It does not cover how individual offenses are graded (see the Oklahoma theft laws and Oklahoma assault and battery laws pages), time limits for charges, record clearing, traffic and municipal ordinance violations, or federal offenses (the state-by-state hub covers the federal classes).

Felony vs misdemeanor in Oklahoma

Oklahoma has two kinds of crime. Title 21 defines them in two short sections:

A felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary. (21 O.S. 5)

Every other crime is a misdemeanor. (21 O.S. 6)

The words "or may be" matter. The test is the punishment the law allows, so a crime that can be punished by a penitentiary term is a felony even if the statute also allows county jail or a fine instead.

The Oklahoma Sentencing Modernization Act of 2024

The 2024 Act created lettered felony classes. Section 20A(B) provides:

There is hereby established a classification system for all felony criminal offenses provided for in the Oklahoma Statutes that places the offenses into classes on the basis of the severity of the offense and other factors of the commission of the crime. All felonies provided for by the Oklahoma Statutes shall be classified in the following manner: 1. "Class Y" is reserved for the crime of murder in the first degree as defined by Section 701.7 of Title 21 of the Oklahoma Statutes; and 2. "Class A1", "Class A2", "Class A3", "Class B1", "Class B2", "Class B3", "Class B4", "Class B5", "Class B6", "Class C1", "Class C2", "Class D1", "Class D2", and "Class D3" are reserved for all other violent and nonviolent felony offenses.

The Act took effect January 1, 2026 (Laws 2024, ch. 366). Sections 20B to 20P each list the offenses in their class by statute section, so existing felonies were placed into classes by schedule, not only new ones.

Oklahoma felony classes and sentences

The key point about the Oklahoma system is that most classes do not carry a sentence of their own. For Class Y and Classes A1 through B6, the class section says only that a person convicted "shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes" (for example 21 O.S. 20C(B) for Class A1, with the same wording in 20B and 20D to 20K). The prison term comes from the statute that defines the offense. Only Classes C1 through D3 have a range in the class section.

These are the ranges for the class itself for a person with no prior Class C or D convictions. Prior convictions raise the Class C and D ranges; 21 O.S. 51.1 and 51.1a set higher ranges for some repeat convictions, and 21 O.S. 13.1 sets an 85% minimum for listed offenses, all described below. For each of Classes C1 to D3, the class section provides that the offenses "shall be punishable by the corresponding fines as provided for in the Oklahoma Statutes" (20L(E), 20M(F), 20N(F), 20O(F), 20P(F)).

The class sections also contain other subsections that treat some listed offenses differently. For example, 20N(D) refers to offenses "specifically exempted pursuant to subsection E." Check the class section and the offense statute together for any specific offense.

Examples of offense statutes in the higher classes

Because the higher classes defer to the offense statute, two felonies in the same class can carry very different terms. Three examples from the current text of Title 21:

• Class Y: under 21 O.S. 701.9(A), a person convicted of murder in the first degree "shall be guilty of a Class Y felony offense and shall be punished by death, by imprisonment for life without parole, or by imprisonment for life." For first degree murder described in 21 O.S. 701.7(E), the same subsection provides for death or life without parole, absent an overwhelming amount of mitigating evidence. Our page on how long a life sentence lasts in Oklahoma covers what a life term means in practice.
• Class A3: shooting another with intent to kill is "a Class A3 felony offense punishable by imprisonment in the State Penitentiary not exceeding life" (21 O.S. 652(A)).
• Class B5: aggravated assault and battery "shall be a Class B5 felony offense and shall be punished by imprisonment in the State Penitentiary not exceeding five (5) years, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not more than Five Hundred Dollars ($500.00), or both such fine and imprisonment" (21 O.S. 647).

Which offenses sit in which class will change on November 1, 2026, when five 2026 acts amending the class lists take effect (see Recent changes).

Higher ranges for prior Class C and D convictions

Each Class C and D section sets two higher ranges in subsection C for a person who has prior convictions. The second tier applies to a person "previously convicted of three Class C or Class D criminal offenses, or one or more Class Y, Class A, or Class B criminal offenses."

Sources: 21 O.S. 20L(C), 20M(C), 20N(C), 20O(C) and 20P(C). The D1 row is the current text; two 2026 acts re-enact 20N(C) differently from November 1, 2026 (see Recent changes).

How the actual sentence is set

The 2024 Act sets no sentencing grid. It works through the class ranges and minimum time-served percentages shown above, and the time-served rules reach the jury. Section 20Q provides that "the minimum time-served requirements on sentences mandated by the provisions of this act, shall be included in the instructions to the jury during a criminal trial," and, if included, "shall be in the form of a percentage."

Separately, 21 O.S. 13.1 requires a person convicted of listed serious offenses, including first and second degree murder, first degree manslaughter, shooting with intent to kill (21 O.S. 652), robbery with a dangerous weapon, first degree rape, first degree burglary and lewd molestation of a child, to "serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed" before becoming eligible for parole consideration, with no credits that reduce the time below 85%. The compiled statutes carry four versions of section 13.1, each with this rule.

For most Class C and D sections, the percentage is a share of "the sentence imposed before release from custody including release to electronic monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma Statutes" (for example 20L(B), 20N(B), 20P(B)).

The repeat-offender statutes

Oklahoma's habitual offender statute, 21 O.S. 51.1, applies only when the district attorney seeks it. Subsection A opens: "Except as otherwise provided in the Elderly and Incapacitated Victim's Protection Program and Section 51.1a of this title, every person who, having been convicted of any felony, commits any crime after such conviction, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the district attorney seeks to enhance punishment pursuant to this section of law, is punishable therefor as follows."

After one prior felony, the tiers are:

• 10 years to life for a new offense listed in 57 O.S. 571 that carries more than 5 years (51.1(A)(1));
• for any other new offense that would carry more than 5 years for a first offender, "twice the minimum term for a first time offender to life imprisonment," or 2 years to life if the offense has no first-offender minimum (51.1(A)(2));
• up to 10 years where a first offender could get 5 years or less (51.1(A)(3)).

After two prior felonies, the range is 20 years to life for a new offense listed in 57 O.S. 571 (51.1(B)), and otherwise three times the first-offender minimum to life, or 4 years to life if there is no minimum (51.1(C)). The prior felonies relied on in subsections B and C must not have arisen out of the same transaction or occurrence. A prior conviction for possession of a controlled dangerous substance under 63 O.S. 2-402 may not be used to enhance punishment (51.1(D)). Subsection E sets a separate cap of twice the first-conviction maximum for listed property and fraud felonies, such as grand larceny and second degree forgery, after a prior felony not listed in 57 O.S. 571.

Section 51.1a does not depend on the district attorney seeking enhancement: a person convicted of first degree rape, forcible sodomy, lewd molestation or sexual abuse of a child after a prior conviction for one of those offenses "shall be sentenced to life without parole."

The Class C and D sections take most of their offenses out of section 51.1. Each provides that, unless an offense is specifically exempted, "Section 51.1 of Title 21 of the Oklahoma Statutes shall not apply" to offenses in that class (21 O.S. 20L(D)(1), 20M(D), 20N(D), 20O(D), 20P(D)). For those classes, the prior-conviction ranges in subsection C of each section do that work instead. The offenses each section lists as exempt are punished under the offense statute, "including Section 51.1."

Felonies with no stated punishment

The class sections assign offenses by listing them. Where a felony statute itself prescribes no punishment, Oklahoma's older default still applies:

Except in cases where a different punishment is prescribed by this title, or by some existing provision of law, every offense declared to be a felony is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment. (21 O.S. 9)

Misdemeanors in Oklahoma

The 2024 Act classifies felonies only; its own words are "a classification system for all felony criminal offenses" (21 O.S. 20A(B)). Misdemeanors are defined as "every other crime" (21 O.S. 6), and each misdemeanor's penalty is the one its own statute prescribes. Where none is prescribed, section 10 sets the default:

Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment. (21 O.S. 10)

Some felony statutes allow a misdemeanor-level sentence as an alternative. Aggravated assault and battery under 21 O.S. 647 is one example: it is a Class B5 felony, but the court may impose county jail up to one year or a fine instead of a penitentiary term. Because the offense "may be" punished in the penitentiary, it remains a felony under 21 O.S. 5.

Title 21's general provisions name two kinds of crime, felonies and misdemeanors (21 O.S. 5, 6). This page does not cover traffic citations or city ordinance violations.

Probation in Oklahoma

In Oklahoma a court can suspend a sentence, with or without probation, under 22 O.S. 991a, or defer judgment under 22 O.S. 991c. Subsection E of 991a limits the length of supervision:

Such supervision shall be initiated upon an order of probation from the court, and shall not exceed two (2) years, unless a petition alleging a violation of any condition of deferred judgment or seeking revocation of the suspended sentence is filed during the supervision, or as otherwise provided by law. In the case of a person convicted of a sex offense, supervision shall begin immediately upon release from incarceration or if parole is granted and shall not be limited to two (2) years.

The same subsection lets the term run longer: supervision "may be extended for a period not to exceed the expiration of the maximum term or terms of the sentence upon a determination by the court or the Division of Probation and Parole of the Department of Corrections that the best interests of the public and the release will be served by an extended period of supervision." Section 991a(E) speaks of "a defendant found guilty of a crime" and sets no separate felony and misdemeanor limits.

Some people cannot receive a suspended sentence. The compiled statutes carry three versions of 991a. Two of them provide that a suspended sentence "shall not apply to defendants being sentenced upon their third or subsequent to their third conviction of a felony"; the third bars it for a third or later conviction of a violent crime listed in 57 O.S. 571, a fourth or later conviction of any other felony, or a second or later felony DUI conviction under 47 O.S. 11-902, subject to an exception for electronically monitored home detention. Under each version, "the court may waive these prohibitions upon written application of the district attorney" (22 O.S. 991a(C)).

Deferred judgment has its own limits. The court may defer proceedings for a period "not to exceed a seven-year period, except as authorized under subsection B" of the section, which allows supervision to be extended for up to three years when ordered restitution has not been paid (22 O.S. 991c(A), (B)). The procedure applies "only to defendants who have not been previously convicted of a felony offense and have not received more than one deferred judgment for a felony offense within the ten (10) years previous to the commission of the pending offense," unless the court waives this on the district attorney's written application (991c(H)), and it does not apply to a sex offense that requires registration (991c(I)).

What happens after a probation violation

Any revocation needs a petition from the district attorney and a hearing. Under 22 O.S. 991b(A), a suspended sentence "may not be revoked, in whole or part, for any cause unless a petition setting forth the grounds for such revocation is filed by the district attorney with the clerk of the sentencing court and competent evidence justifying the revocation of the suspended sentence is presented to the court at a hearing to be held for that purpose within twenty (20) days after the entry of the plea of not guilty to the petition, unless waived by both the state and the defendant." Subsection B repeats that requirement for a whole revocation based on a technical violation.

Subsection B also caps revocations for technical violations: "Any revocation of a suspended sentence based on a technical violation shall not exceed six (6) months for a first revocation and five (5) years for a second or subsequent revocation." The cap does not reach every violation. Under 991b(C), a "technical violation" excludes, among others, committing or being arrested for a new crime, failing to pay restitution, tampering with an electronic monitoring device, failing to report for more than 60 days, unlawfully contacting a victim or codefendant, five or more technical violations within 90 days, and any violation of the Specialized Sex Offender Rules.

The court need not revoke everything. Under 991b(F), "The court may revoke a portion of the sentence and leave the remaining part not revoked, but suspended for the remainder of the term of the sentence." The person "shall have the right to be represented by counsel, to present competent evidence in his or her own behalf and to be confronted by the witnesses against the defendant."

Recent changes

• New felony class system (21 O.S. 20A to 20Q): the Oklahoma Sentencing Modernization Act of 2024 (Laws 2024, ch. 366, HB 1792) created Classes Y through D3, effective January 1, 2026.
• 2025 amendments before the start date: Laws 2025, ch. 187 amended 20E, 20F, 20I, 20J, 20L, 20M and 20Q, effective January 1, 2026. Laws 2025, ch. 486 amended many individual offense statutes, including 21 O.S. 647 (aggravated assault and battery, section 149) and 701.9 (murder), effective January 1, 2026.
• Probation revocation (22 O.S. 991b): amended by Laws 2025, ch. 306, section 2, effective November 1, 2025.
• Class lists, November 1, 2026: five 2026 acts, each approved by the Governor, provide that the act "shall become effective November 1, 2026." SB 1264 amends 20E and 20H (Class A3 and B3 lists) and re-enacts 21 O.S. 644; SB 1238 amends 20J; SB 2011 amends 20J, 20K and 21 O.S. 650.2; and HB 4104 amends 20J, removes an offense from 20N and reclassifies a loitering felony.
• Two versions of the Class D1 section, November 1, 2026: SB 1936 (approved April 27, 2026) re-enacts 20N, adds a Class D1 offense and rewrites the prior-conviction tiers in 20N(C), so the first tier applies after "a Class C or Class D criminal offense" and the second after "three or more" such offenses. HB 4104 (approved May 12, 2026) also re-enacts 20N, keeping the earlier wording ("one or two" and "three"). Both take effect on the same day, and the Legislature's compiled statutes will show how the two versions are reconciled.

Related legal issues

Specific offenses are placed into these classes by their own statutes. The Oklahoma theft laws page explains how theft is graded, and the Oklahoma assault and battery laws page does the same for assault and battery, including aggravated assault and battery.

For clearing a record, see Oklahoma expungement laws. Time limits for bringing felony and misdemeanor charges are on the Oklahoma statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• Oklahoma theft laws
• Oklahoma assault and battery laws
• Oklahoma expungement laws
• How long is a life sentence in Oklahoma
• Texas felony and misdemeanor classes
• Kansas felony and misdemeanor classes

This article provides general legal information about Oklahoma law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oklahoma.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Oklahoma?

Under 21 O.S. 5, a felony is a crime that is, or may be, punishable with death or by imprisonment in the penitentiary. Under 21 O.S. 6, every other crime is a misdemeanor.

What are the felony classes in Oklahoma?

Since January 1, 2026, 21 O.S. 20A sorts felonies into Class Y (reserved for first degree murder) and Classes A1, A2, A3, B1 to B6, C1, C2, D1, D2 and D3. Each class section lists the offenses it includes.

How much prison time is a Class B felony in Oklahoma?

The class sections for B1 to B6 set no range. A person convicted is punished under the penalty in the specific offense statute (for example 21 O.S. 20F(B)), so the term depends on the offense, not the class.

How much prison time is a Class D1 felony in Oklahoma?

Up to 5 years, with at least 20% served, for a person with no prior Class C or D convictions (21 O.S. 20N(B)). With one or two prior Class C or D convictions the range is 1 to 7 years; with three, or any prior Class Y, A or B conviction, it is 2 to 10 years with at least 30% served (20N(C)). Some listed D1 offenses are exempt from these ranges (20N(E)), and two 2026 acts re-enact 20N(C) with different tier wording from November 1, 2026.

Does Oklahoma have Class A misdemeanors?

The 2024 class system in 21 O.S. 20A classifies felonies only. Unless an offense statute prescribes a different punishment, a misdemeanor carries county jail up to one year, a fine up to $500, or both (21 O.S. 10).

How long is probation in Oklahoma?

Supervision under 22 O.S. 991a(E) shall not exceed two years unless a violation petition is filed during supervision or as otherwise provided by law. It may be extended up to the expiration of the maximum term of the sentence, and supervision for a sex offense is not limited to two years. Deferred judgment under 22 O.S. 991c may last up to seven years, with a possible extension of supervision of up to three years for unpaid restitution (991c(B)).

What happens if you violate probation in Oklahoma?

To revoke a suspended sentence in whole or in part for any cause, the district attorney must file a petition and present evidence at a hearing (22 O.S. 991b(A)); the person has the right to counsel, to present evidence and to confront witnesses (991b(F)). The court may revoke all or part of the suspended sentence. A revocation for a technical violation may not exceed 6 months for a first revocation or 5 years for a second or later one (991b(B)), but a new crime or arrest, unpaid restitution, monitor tampering, absconding more than 60 days and some other violations are not technical violations (991b(C)).

What is the habitual offender law in Oklahoma?

Under 21 O.S. 51.1, when the district attorney seeks enhancement, a person with a prior felony who commits a crime within 10 years of completing the sentence faces higher ranges. After one prior felony they run from 10 years to life for a 57 O.S. 571 offense carrying more than 5 years, twice the first-offender minimum to life for other offenses carrying more than 5 years, and up to 10 years where the first-offense maximum is 5 years or less; after two prior felonies, from 20 years to life or three times the first-offender minimum to life. A prior simple drug possession conviction cannot be used. Section 51.1 does not apply to Class C and D offenses unless the class section exempts the offense (for example 20N(D)). Separately, 21 O.S. 51.1a requires life without parole for a second conviction of certain sex offenses.