Misdemeanor Felony Upgrade

Understanding Enhanceable Misdemeanors: One Mistake Can Reshape Your Entire Future

In Oklahoma, certain crimes initially charged as misdemeanors can be “enhanced” to felonies upon repeat offenses. This misdemeanor felony upgrade means that a first-time offender faces less severe penalties, but subsequent violations lead to much harsher consequences, including felony charges. Speaking with a DUI attorney who understands how and why this upgrade happens is essential for anyone facing charges like DUI or domestic assault.

What Is a Misdemeanor Felony Upgrade?

A misdemeanor felony upgrade occurs when a repeat offense of certain crimes, originally classified as misdemeanors, is charged as a felony under Oklahoma law. The upgrade reflects the legislature’s intent to impose stricter penalties on repeat offenders to deter continued illegal behavior.

For example, under Oklahoma law:

Driving Under the Influence (DUI): A first DUI offense is generally a misdemeanor. However, if a person commits a second DUI within 10 years, it is charged as a felony. Okla. Stat. tit. 47 § 11-902. Additionally, after November 1, 2025, aggravated DUI will be considered an automatic felony under, so legal counsel should be sought immediately if facing such charges.
Domestic Assault and Battery: The first offense is a misdemeanor, but a second or subsequent offense elevates the charge to a felony. Okla. Stat. tit. 21, § 644.

Other offenses, such as contributing to the delinquency of a minor, can also be enhanceable misdemeanors but are less common.

Procedural Context: How Does the Upgrade Work in Court?

When a person is charged with an enhanceable misdemeanor, prosecutors review prior convictions within statutory timeframes to determine if felony charges are appropriate. The prosecution must prove the existence of prior qualifying offenses to support the upgrade.

If upgraded, the defendant will face more complex court proceedings, including possible jury trials and more severe sentencing options. Felony convictions carry longer jail terms, higher fines, and more significant long-term consequences such as loss of certain civil rights.

Exceptions and Complicating Factors

Time Limits: The enhancement often depends on whether prior offenses occurred within a certain number of years. For DUI, this is typically 10 years.
Type of Prior Conviction: Not every prior conviction triggers enhancement. Only convictions for the same or similar offenses count.
Charge Amendments: Sometimes, it may be possible to have a DUI charge amended to a Driving While Impaired (DWI) offense, which is not subject to felony upgrade. Okla. Stat. tit. 47, §761.
Aggravating Circumstances: Factors such as causing injury or having a minor in the vehicle can influence the charge severity.

Real-World Example of a Misdemeanor Felony Upgrade

Consider a person arrested for DUI for the first time, charged with a misdemeanor. If, five years later, they are arrested again for DUI, prosecutors can charge the second offense as a felony due to the previous conviction. This felony charge means higher fines, possible prison time, and a permanent felony record, significantly affecting employment, housing, and other areas of life.

In contrast, if the second charge is reduced or amended to DWI, it remains a misdemeanor and avoids the felony upgrade. This distinction shows why skilled legal advice is critical early in the process.