A deferred sentence and a suspended sentence are two separate sentencing alternatives within the Oklahoma criminal justice system. Deferred sentences and suspended sentences are used to promote the rehabilitation of offenders and reduce incarceration rates in Oklahoma's prisons.

A deferred sentence delays the formal imposition of punishment by postponing the conviction and judgment. During the deferral period, the defendant is allowed to complete the requirements of their probation. When the defendant successfully fulfills the conditions of their probation, the case may be dismissed, and the criminal record of the defendant remains clean. A suspended sentence, by contrast, involves an immediate conviction, but instead of ordering imprisonment, the court suspends the sentence and places the offender on probation.

The main difference between these two sentencing options is the timing of conviction and its impact on the criminal record of the defendant. A deferred sentence delays conviction until probation ends, while a suspended sentence records conviction immediately. Both sentencing types are intended to promote rehabilitation, public safety, and accountability within the Oklahoma court system.

What Is a Deferred Sentence?

A deferred sentence in Oklahoma occurs when a defendant pleads guilty to a crime, but instead of entering a conviction right away, the judge postpones judgment. The judge then places the defendant on probation and gives them the opportunity to demonstrate good behavior and compliance with specific court requirements. The deferred sentence system acts as an incentive for the defendant to complete probation successfully and potentially have the case dismissed without a conviction on their criminal record.

Judges in Oklahoma use deferred sentences to substitute probation for incarceration. The probation conditions for a deferred sentence usually include several specific requirements. The most common conditions are listed below.

1. Completing treatment programs for drug or alcohol use when the court requires it.
2. Submitting to regular drug or alcohol testing to ensure sobriety.
3. Performing community service for a required number of hours.
4. Attending counseling sessions or educational classes such as anger management.
5. Paying all fines, fees, and court costs as directed.
6. Avoiding association with known offenders or individuals involved in criminal activity.
7. Obeying all municipal, state, and federal laws without new violations.
8. Reporting regularly to the assigned probation officer and maintaining current contact information.

If the defendant violates the terms of probation, the prosecutor may file a Motion to Accelerate. The Motion to Accelerate requests that the court accept the guilty plea and enter judgment immediately. The judge can then end probation and impose a jail or prison sentence. The defendant receives no credit for probation time in a deferred sentence, which means the judge may impose the full punishment permitted under Oklahoma law.

If the defendant completes probation successfully, the court changes the plea from guilty to not guilty and dismisses the case. The dismissal means that the defendant is not convicted of the offense. This result is highly valuable because the defendant can lawfully state that there was no criminal conviction. The deferred sentence therefore provides a second chance to maintain a clean record and to continue future opportunities for employment, housing, and professional licensing.

What Is a Suspended Sentence?

A suspended sentence is a second form of probationary sentencing in Oklahoma that applies after a conviction has already been entered. The conviction may result from a guilty plea, a judge’s verdict in a bench trial, or a jury’s verdict in a jury trial. Once the conviction has been entered, the judge may decide that sending the person to prison is not necessary to achieve justice. The judge then suspends all or part of the prison sentence and places the person on supervised probation instead.

A suspended sentence allows the convicted individual to remain in the community while following all of the rules set forth by the court. Unlike a deferred sentence, the conviction remains active from the beginning of probation. The individual’s criminal record shows the conviction immediately, even though incarceration is postponed. The offender must comply with all probation terms throughout the suspension period, which may last for several years depending on the crime.

If the person violates probation under a suspended sentence, the prosecutor may file a Motion to Revoke. The Motion to Revoke asks the judge to cancel the suspension and require the person to serve the remaining sentence in jail or prison. The individual receives credit for the time already spent on probation, which is the main procedural difference from a deferred sentence. In a deferred sentence, no credit is granted, while in a suspended sentence, credit applies to the final sentence length.

A suspended sentence helps avoid immediate imprisonment but still leaves a permanent conviction on record. The conviction affects background checks, job opportunities, and eligibility for certain professional licenses. The suspended sentence therefore provides conditional freedom but continues to carry the consequences of a criminal conviction.

What Are the Differences Between a Suspended Sentence and a Deferred Sentence?

There are two main differences between a deferred sentence and a suspended sentence in Oklahoma. The first difference is the timing of conviction. The second difference is the long-term impact on the criminal record.

The timing of conviction clearly separates the two sentencing options. In a deferred sentence, the judge delays judgment and conviction while the defendant completes probation. In a suspended sentence, the conviction is entered immediately after sentencing, even though the prison term is postponed.

The impact on the criminal record of the defendant is also significant. A deferred sentence provides the possibility of dismissal and no conviction if probation is completed successfully. A suspended sentence keeps the conviction permanently on the record, regardless of whether or not the defendant successfully completes their probation.

These distinctions lead to three important practical results.

1. Background check results differ. A deferred sentence can lead to a clean record after completion, while a suspended sentence always displays a conviction on record.
2. Probation time credit differs. In a deferred sentence, the defendant receives no credit for probation time if the court accelerates the case. In a suspended sentence, the court gives full credit for probation time already served if the sentence is revoked.
3. Long-term consequences differ. A deferred sentence can protect future employment and personal reputation by avoiding conviction. A suspended sentence leaves a permanent conviction, which can affect job applications, housing, and public standing.

Understanding these differences is essential for any person facing a criminal charge in Oklahoma. The type of sentence determines how the record appears, how probation operates, and what happens if a violation occurs. Anyone charged with a crime should consult a qualified Oklahoma criminal defense attorney before entering a plea or accepting a sentencing offer.

For immediate legal guidance, contact Phillips & Associates to discuss your case and determine whether a deferred or suspended sentence is the most beneficial option for your circumstances.