Understanding the Key Differences Between Suspended and Deferred Sentences
In Oklahoma criminal law, understanding the distinction between a suspended sentence and a deferred sentence is essential because each carries different legal consequences and impacts your rights differently. Both sentences involve probation supervision, but the status of your conviction and your long-term record depend on which type of sentence you receive.
If you face criminal charges, you will likely be under the supervision of probation services—whether that is the Department of Corrections (DOC), Oklahoma Probation Services (OPS), or a local agency such as Home Probation Services in Oklahoma County. Regardless of the sentence type, you can expect to:
- Report regularly to a probation officer,
- Follow specific rules and conditions,
- Be prohibited from possessing firearms,
- Refrain from excessive alcohol or drug use,
- Pay supervision fees.
Summary Answer: What Sets Suspended and Deferred Sentences Apart?
A deferred sentence means you are placed on probation without a formal conviction on your record during that probation period. Successful completion can lead to the case being dismissed and expunged. Okla. Stat. tit. 22, § 991c. A suspended sentence means you have a conviction, but your jail or prison sentence is delayed or “suspended” while you complete probation. This conviction remains on your criminal record and can have lasting legal consequences, especially for felonies.
Procedural Context: How Suspended and Deferred Sentences Work in Oklahoma
When a judge issues a deferred sentence, the court essentially postpones entering a conviction. You are placed on probation, and if you meet all conditions, the charges can be dismissed without a conviction ever appearing on your record. This is often offered for first-time offenders or less serious crimes.
In contrast, a suspended sentence occurs after a conviction is formally entered. The judge suspends the execution of your sentence—meaning you don’t go to jail or prison immediately—but you serve probation instead. If you fail probation, the suspended sentence can be revoked, and the original jail or prison sentence can be enforced. Okla. Stat. tit. 22 §§ 991a-991b.
Common Exceptions and Complicating Factors in Suspended vs. Deferred Sentences
- Felony vs. Misdemeanor: For felonies, a suspended sentence results in a conviction that affects your voting rights, firearm possession, and background checks. Deferred sentences avoid these immediate consequences if successfully completed.
- Eligibility: Not all crimes qualify for deferred sentencing. Violent crimes or repeat offenses often disqualify a defendant.
- Expungement Waiting Periods: Deferred sentences may be expunged quickly, but suspended sentence convictions require a longer wait (usually five years) under before expungement can be sought. Okla. Stat. tit. 22 § 18.
- Probation Violations: Violating probation terms can result in revocation of either sentence type, but with a suspended sentence, the original sentence is imposed immediately upon revocation.
Practical Example to Illustrate Suspended vs. Deferred Sentences
Consider John, who is charged with a non-violent felony. If his criminal defense attorney can help you understand your options, negotiate favorable terms, and develop a strong defense strategy tailored to your case.
Contact Wirth Law Office – Oklahoma City for Legal Help
If you need legal help navigating the complexities of suspended vs. deferred sentences in Oklahoma, call Wirth Law Office – Oklahoma City at (405) 888-5400. Our team can provide clear guidance and support through every step of your case.
