A sentence for Possession of CDS with Intent to Distribute may not be deferred or suspended, unless the conviction is for a first offense. The ranges of punishment for Possession of CDS with Intent to Distribute for the most commonly possessed substances include:

• A substance classified in Schedule I or II that is a narcotic drug, including lysergic acid diethylamide (LSD), methamphetamine (meth), phencyclidine (PCP), and heroin, is punishable by not less than five (5) years nor more than life in the Oklahoma Department of Corrections and a fine of not more than One Hundred Thousand Dollars ($100,000.00); and
• Marijuana is punishable by not less than two (2) years nor more than life in the Oklahoma Department of Corrections and a fine of not more than Twenty Thousand Dollars ($20,000.00)

Oklahoma law does not prescribe a certain weight of a CDS that a person must possess to be charged with Possession of CDS with Intent to Distribute.

Instead, Possession of CDS with Intent to Distribute is based upon the presence of evidence that the person intended sell or distribute the CDS in their possession. Common evidence used to support a charge of Possession of CDS with Intent to Distribute includes...

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Trafficking CDS Definition in Oklahoma

Drug trafficking in Oklahoma is also referred to as trafficking of CDS or trafficking of a controlled dangerous substance. The primary factor in determining trafficking of illegal drugs is the quantity of the drug. The following tables shows the quantities that constitute trafficking and the amount of fine and range of prison sentence.

Drug trafficking in Oklahoma occurs when someone:

1. Knowingly distributes, manufactures, bring into Oklahoma, or possesses a controlled substance in the amount below;
2. Possesses any controlled substance with the intent to manufacture a controlled substance in the amount below; or
3. Uses or solicits the use of services of a person less than 18 to distribute or manufacture a controlled dangerous substance in the amount below.

Separate types of any of the controlled substances listed below when possessed at the same time in violation of Oklahoma’s drug trafficking law constitutes a separate offense for each substance.

Anyone who commits the any of the above actions and represents the quantity of the controlled substance to be an amount specified below will be punished as though the person had the amount they represented, regardless of the actual amount.

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Oklahoma murder charges are unlike any other criminal case. The office of Karen E. Byars represents those charged with murder, manslaughter, or negligent homicide. These various categories of homicide are all remarkable in society and the law. Handling homicide cases requires the ability to separate the emotional issues from the factual and legal issues and the ability to communicate with the D.A., the victim’s family and the client’s family — which requires a delicate balance. A detailed analysis of the homicide laws and application of them to the facts is a must — no two homicide cases are alike.

Karen E. Byars represents those accused of violent crimes including Oklahoma murder charges, manslaughter, and other forms of homicide (death of another). She is familiar with the law, the defenses to these crimes, and with the criminal justice system. Whether you are guilty and need to negotiate a plea or you simply want a jury trial (whether innocent or guilty), she will defend you. Your future is her business.

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First Degree Manslaughter

There are two types of first degree manslaughter: (1) during heat of passion; and (2) during the commission of a misdemeanor.

Manslaughter in the First Degree by Heat of Passion

The unintentional killing of a human being while in a heat of passion (i.e., during a fight that gets out of hand or finding your spouse in bed with someone else).

First Degree Manslaughter by Misdemeanor Manslaughter

The killing of another human being while committing a misdemeanor but without the intent to kill the person, or

The range of punishment for first degree manslaughter is 4 years to life in prison. If convicted of First degree manslaughter, the client must serve 85% of any sentence given before becoming eligible for parole. A life sentence is generally treated as 45 years by the Oklahoma Pardon & Parole Board.

Second Degree Manslaughter

The killing of another human being by one’s acts or negligence that is not murder or manslaughter in the first degree is manslaughter in the second degree.

The range of punishment for second degree manslaughter is 2 years to 4 years in prison.

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Being charged with driving under the influence (DUI) or driving while intoxicated (DWI) has life-altering legal consequences whether you were arrested in your neighborhood or across the state.

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