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A felony is defined by Oklahoma statute as "a crime which is, or may be punishable with death, or by imprisonment in the penitentiary." (See Title 21 O.S. § 5) Generally speaking a felony carries a year or more in prison and misdemeanors carry less than a year in the county jail.

In Oklahoma law most statutes carry a specific punishment for violation of that statute. However, Oklahoma law also has a statute that establishes a general punishment for felonies for those statutes that do not prescribe a specific punishment. Title 21 O.S. Section 9 reads as follows:

Except in cases where a different punishment is prescribed by this title, or by some existing provision of law, every offense declared to be felony is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.