When you are on probation in Oklahoma, doing everything you can to adhere to the terms and conditions imposed by the court is critical to remain out of incarceration. However, if you are accused of and arrested for the commission of a violent felony offense while serving the terms and conditions of your probation sentence, it can have a drastic impact. As such, the following blog explores what you should know about these difficult matters, including the importance of working with an Oklahoma City felony defense lawyer to explore your legal options during these difficult times.

What Constitutes a Violent Felony Offense in Oklahoma?

Under Oklahoma law, a violent felony is any offense that poses a threat to public safety, due to the threat of harm, involvement of physical harm, or use of a weapon during the commission of a crime. Oklahoma provides a specific list of violent felonies, which includes, but is not limited to, the following:

  • Murder
  • Manslaughter
  • Rape
  • Kidnapping
  • Shooting with intent to kill
  • First-degree arson
  • Domestic assault and battery by strangulation
  • Use of a firearm during the commission of a felony

Additionally, you’ll find that any crime that is considered a violent felony will trigger Oklahoma’s 85% rule, which requires those convicted of these offenses to serve at least 85% of their sentence before they are eligible for parole. This helps ensure that violent offenders are limited in when they can be released early.

What Can I Expect if Charged with a Felony While on Probation?

In the event you are charged with a violent felony offense while you are currently on probation for a separate crime, you will generally find that the first thing that will happen is that you will likely have the terms of your probation revoked, and the original sentence imposed reinstated by the court. As such, you will immediately be taken into custody and returned to jail following the violation of your probation, especially as you are accused of a violent crime. The judge will argue that you are a risk to public safety or likely to reoffend as a means of keeping you in jail until your formal revocation hearing. It is at this point that the probation court will determine whether or not to revoke your current probation terms and send you back to prison for the remainder of your original sentence.

Although your new charges can impact your probation, it’s important to understand that these are two separate charges, meaning you will have two different cases. In fact, you may find that your probation violation may conclude before you even go to trial for the new violent felony offense you are facing.

If you are charged with an additional felony offense while currently on probation, taking immediate action to protect yourself is critical. That is why working with an experienced attorney with the Jones Firm, PLLC is in your best interest. Our dedicated legal team will do everything in our power to assist you through these complex times, as we will explore all avenues to help you fight for the best possible outcome. When you need help, contact our firm today to learn more about how we can represent you.