A felony is a violent offense legally recognized as any crime punishable by death or imprisonment. It’s important to note that the repercussions of a felony aren’t limited to those who commit the act itself.
In Oklahoma, even being an accessory to a felony can lead to significant legal consequences upon conviction.
At Jacqui Ford Law, we are dedicated to guiding you through these complex legal waters of murder charges. Jacqui Ford, our seasoned criminal defense attorney, brings extensive experience to the table in handling such cases. With our support, you’ll be equipped to develop a robust criminal defense strategy aimed at safeguarding your rights and securing your future.
What Does “Accessory to the Crime” Mean in Oklahoma?
According to Okla. Stat. Title 21, Sec. 173, being an accessory to a felony is defined as anyone who assists or conceals the offender, knowing that the offender has committed a crime, with the intention of helping the felon evade any of the following:
- Arrest
- Trial
- Conviction
- Punishment
However, this does not apply if the assistance is given to someone who has committed a misdemeanor. In such cases, if the state charges the defendant with a misdemeanor rather than a felony, the person who provided help would not be considered an accessory.
Penalties and Punishment for Accessory to a Felony
In Oklahoma, the penalties for being an accessory to a felony vary depending on the severity of the underlying offense, as outlined in Oklahoma Statutes Title 21, Section 175. Here are the potential penalties divided by the type of underlying felony:
1. Felony Imprisonable for Four Years or More
- Penalty: The accessory can be sentenced to up to half of the maximum term prescribed for the underlying felony.
- Example: If the primary felony has a maximum sentence of 10 years, the accessory could face up to 5 years in prison.
2. Felony Imprisonable for Less Than Four Years
- Penalty: The accessory may face up to one year in county jail.
- Example: For a felony with a maximum penalty of 3 years, the accessory’s maximum jail time would be 1 year.
3. Felony Punishable by Fine Only
- Penalty: The accessory could be fined up to half of the maximum fine levied for the underlying felony.
- Example: If the fine for the primary felony could go up to $2,000, the accessory might be fined up to $1,000.
4. Felony Punishable by Both Imprisonment and Fine
- Penalty: The accessory faces up to half of both the longest term of imprisonment and the largest fine possible for the underlying felony.
- Example: If the primary offense has a maximum sentence of 6 years and a fine of $4,000, the accessory could face up to 3 years in prison and a $2,000 fine.
5. Accessory to First-Degree Murder
- Penalty: Imprisonment ranging from 5 to 45 years.
- Example: This range is strictly adhered to, regardless of the sentence for the primary offender.
6. Accessory to Second-Degree Murder
- Penalty: Imprisonment for 5 to 25 years.
- Example: As with first-degree murder, the sentencing range is fixed.
Engaging a skilled criminal defense attorney is crucial when facing charges as an accessory to a felony. An experienced lawyer can navigate the complexities of the legal system and strive to protect your rights throughout the judicial process, especially if you have been wrongfully accused and are innocent of the crime charged to your name.
Sample Case of Accessory to Murder in Oklahoma
To give you a better idea of what constitutes this law and how it is executed, here is a sample case:
Incident Overview
On August 16, 2013, in Duncan, Oklahoma, four young men drove down a country road. During the drive, one of the passengers, using a .22-caliber handgun, fatally shot 22-year-old Christopher Lane, an Australian student on a baseball scholarship at a college in Oklahoma. Lane was in Duncan visiting his girlfriend when he was tragically killed while jogging.
Trial and Plea
The last of the four defendants to go to trial, James Edwards faced trial on September 9, 2015. Initially charged with murder, Edwards’ charges were later reduced to accessory to murder after evidence suggested his participation was minimal.
Edwards, who was 15 at the time of the crime, claimed he was unaware of the plan to kill and was occupied with rolling a joint during the incident. He pleaded guilty to being an accessory.
Sentencing
The primary perpetrator, Chancey Luna, and the driver, Michael Jones, received life sentences for 1st and 2nd-degree murder, respectively. Another passenger, Oddesse Barnes, was sentenced to 12 years for his role as an accessory.
Edwards, facing a potential 20 years in prison followed by 20 years of probation, opted for a plea deal that included attendance at a prison boot camp in Alva, Oklahoma. The completion of this program influenced Stephens County District Judge Ken Graham’s decision on Edwards’ further incarceration.
How an Oklahoma Defense Lawyer Can Help
The case above highlights the legal ramifications of being involved in a crime to varying degrees, demonstrating how being an accessory can lead to substantial penalties, though potentially less severe than those for direct perpetrators.
Engaging a knowledgeable criminal defense attorney can be crucial in such situations, as a legal professional can help do the following:
- Investigate the case
- Speak to reliable witnesses
- Scrutinize and verify police and professional reports
- Negotiate plea deals, bails, and pardons
- Possibly reduce sentencing by presenting mitigating circumstances effectively
Contact a Murder Defense Attorney in Oklahoma Today!
What begins as a well-intentioned act of helping a loved one can quickly spiral into a legal nightmare. In Oklahoma, being an accessory to a felony is a severe offense that can result in substantial prison time, regardless of the initial intentions.
If you find yourself entangled in a murder case, understanding all your legal options is crucial. A seasoned criminal defense attorney can outline these options and help you choose the most favorable course of action.
Jacqui Ford is dedicated to vigorously defending you every step of the way, from pre-trial hearings to the trial itself, no matter what your situation is. Contact us today, and let’s start strategizing a robust defense for your case!
