When you are faced with trying to understand the criminal justice system in Oklahoma, it is imperative to understand the differences between a deferred sentence and a suspended sentence. Although the terms are sometimes used interchangeably because both options are designed to promote the rehabilitation of criminals as well as lower incarceration rates, there are distinct differences. It is imperative to work with an experienced criminal defense attorney when you are facing charges.

A deferred sentence means that the imposition of your penalty is delayed, which allows you time to complete your probation requirements. If you are successful in completing the requirements, there is the possibility that the charges against you will be dismissed. A suspended sentence means that you are convicted of the crime, and it will go on your record, but you are placed on probation instead of being sent to prison. While both options focus on the rehabilitation of the offender, the primary difference is how your criminal record is affected. Having a criminal defense lawyer on your side can impact the outcome of your sentencing as well.

Understanding a Deferred Sentence

When you plead guilty to a crime, the judge may decide not to accept the plea and convict you by delaying judgment. During the delay, you are placed on probation and given the chance to comply with probationary terms. Common probationary terms are drug and alcohol treatment, drug testing, and community service. Most probationary terms include court-ordered counseling and payment of all court fees, fines, and costs.

While you are on probation, you must stay away from other known criminals and comply with all laws. You are monitored during your probation to confirm that you are meeting all probation requirements. If you do not comply with the terms of your probation, the prosecutor can seek to accelerate your sentencing. The judge will terminate your probation and accept your guilty plea. You will then be sentenced to jail or prison. You do not get any type of credit or benefit for probation, so at sentencing, you are eligible for the full sentence allowed under the law.

If the defendant successfully completes all terms of probation, his or her plea is changed to “not guilty,” and the judge will dismiss the case. A dismissal means that you are not convicted of the crime, and it does not appear on your criminal record.

Understanding a Suspended Sentence

If you receive a suspended sentence, you still are given probation instead of jail or prison, but you are also convicted of the crime. Whether you pled guilty, the judge rendered the decision, or a jury decided the verdict, you are determined guilty of the crime but sending you to serve a full sentence in jail or prison may not be in the best interest of justice. Therefore, the judge suspends part or all of your sentence by allowing you to serve probation instead.

If you receive a suspended sentence and violate the terms of your probation, the prosecutor will seek to revoke the suspended sentence. If the judge revokes your suspension, then you will spend the remainder of your sentence in jail or prison. Receiving credit for the time you served on probation is a critical difference from a deferred sentence.

The Important Differences Between a Suspended and Deferred Sentence

The impact on your criminal record is a critical difference between a deferred and suspended sentence. A deferred sentence gives you the opportunity to avoid conviction, while the suspended sentence occurs after conviction.

You Should Not Face Criminal Charges Alone – Contact Us Today

If you are facing criminal charges and have concerns that double jeopardy applies, it is critical to seek the help of experienced criminal defense professionals. Our BMO criminal defense attorney legal team provides upfront communication and aggressive representation of our clients. Call Babbit, Mitchell & Ogle at (405) 692-7676 to ensure your rights are protected and to receive the best possible defense.