McClain County Misdemeanor Defense Attorney

Facing A Misdemeanor Charge in Purcell or Beyond?

If you have been cited or arrested for a misdemeanor in Purcell, Blanchard, Newcastle, or anywhere in McClain County, it is a mistake to assume the situation is "no big deal." While Oklahoma law classifies misdemeanors as less severe than felonies, a conviction can still result in a year behind bars, steep fines, and a permanent criminal record that follows you for life.

At Schumacher Law Group, we understand that good people sometimes find themselves in difficult situations. Whether it is a first-time DUI or a minor shoplifting charge, you deserve a vigorous defense. Our McClain County misdemeanor defense lawyer works tirelessly to protect your rights, challenge the prosecution’s evidence, and strive for a dismissal or reduction of charges. We have more than 30 years of experience on our side, and Attorney Tracy Schumacher is a former judge and prosecutor, giving us the knowledge and insight to handle your case effectively.

Call (405) 643-4884 to discuss your case in a confidential consultation.

What is a Misdemeanor?

In Oklahoma, crimes are divided into two primary categories: felonies and misdemeanors. Under 21 O.S. § 5, a misdemeanor is defined as any crime that is not a felony. The defining characteristic of a misdemeanor is the maximum potential punishment.

While a felony conviction can lead to years in the state penitentiary, a misdemeanor is typically punishable by a maximum of one year in the county jail. However, don’t let the term "minor" fool you. A misdemeanor conviction is still a criminal conviction. It appears on background checks for employment, housing, and professional licensing, potentially altering the course of your future.

Common Types of Misdemeanors in Oklahoma

Law enforcement in McClain County aggressively pursues a wide variety of misdemeanor offenses. Our firm provides comprehensive defense for charges including:

• DUI and APC: A first-time Driving Under the Influence (DUI) or Actual Physical Control (APC) is usually a misdemeanor, provided there are no aggravating factors like a serious accident.
• Simple Assault and Battery: This involves intentional physical contact or the threat of it without the use of a dangerous weapon.
• Drug Possession: Possession of a controlled dangerous substance (CDS), such as marijuana (without a medical license) or certain paraphernalia, is often charged as a misdemeanor for first-time offenders.
• Larceny and Shoplifting: Taking property valued at less than $1,000 is classified as "Petty Larceny," a misdemeanor.
• Public Intoxication: Being under the influence of alcohol or drugs in a public place to the point of endangering oneself or others.
• Domestic Abuse (First Offense): Even a first-time allegation of domestic assault and battery is taken very seriously by McClain County prosecutors.
• Vandalism and Trespassing: Willfully damaging property or entering property without permission.

Misdemeanor Classes & Penalties in OK

Oklahoma statutes often prescribe penalties on a crime-by-crime basis. However, if a specific penalty is not mentioned for a crime designated as a misdemeanor, the "default" punishment under 21 O.S. § 10 applies.

Standard Penalties

Typically, a misdemeanor conviction in McClain County can result in:

• Jail Time: Up to one year in the McClain County Jail.
• Fines: Generally up to $500, though specific crimes (like DUI) can carry fines of $1,000 or more.
• Court Costs: These can often exceed the actual fine itself.

The "Three Classes" Framework

While Oklahoma often uses specific statutes, many legal experts categorize misdemeanors into three general tiers based on severity:

The Impact Beyond the Courtroom

The true cost of a misdemeanor conviction often isn't the fine—it’s the "collateral consequences." If you are convicted in McClain County, you may face:

• Employment Hurdles: Many employers in Oklahoma have strict policies against hiring individuals with recent criminal convictions.
• License Suspension: Crimes involving vehicles or drugs can lead to the loss of your Oklahoma driver’s license.
• Firearm Rights: A conviction for domestic violence, even a misdemeanor, can result in a lifetime ban on possessing firearms under federal law.
• Immigration Status: For non-citizens, certain misdemeanors are considered "crimes of moral turpitude" and can lead to deportation.

Misdemeanor Charge FAQs

Will I have to go to jail for a misdemeanor?

Not necessarily. For many first-time offenders, our McClain County misdemeanor defense attorney can negotiate for a deferred sentence or a suspended sentence. This allows you to stay out of jail while completing probation, community service, or classes.

Can a misdemeanor be expunged from my record?

Yes. Oklahoma has recently expanded its expungement laws. If you successfully complete a deferred sentence or if your case was dismissed, you may be eligible to have the arrest and the court case wiped from your public record after a certain period.

What is the Statute of Limitations for misdemeanors in Oklahoma?

Generally, the state must commence prosecution for a misdemeanor within three years of the date the crime was committed. If they wait longer than three years, your lawyer can move to have the charges dismissed.

Do I really need a lawyer for a "minor" charge?

Yes. Prosecutors in McClain County are not there to help you; they are there to secure a conviction. Our attorney can identify if your rights were violated during the arrest, if the evidence was obtained illegally, or if there is a lack of proof to sustain the charges.

If you are ready to talk about your misdemeanor charge and what can be done next, we invite you to reach out today.