The main difference between a deferred sentence and a suspended sentence is the conviction status. A deferred sentence delays judgment, resulting in case dismissal and no conviction if the probation is successful. A suspended sentence is an immediate conviction, where probation replaces jail time.
These alternatives represent two distinct paths through the Oklahoma justice system, each carrying significantly different long-term consequences for an individual’s record and future. A criminal defense attorney in Oklahoma City from Josh Lee & Associates can help you understand these options and their legal ramifications.
The Deferred Sentence
A deferred sentence is typically the most favorable outcome for a defendant when a dismissal is not possible. When a judge grants a deferred sentence, the defendant enters a plea of guilty or no contest, but the court does not accept the plea or enter a formal judgment of guilt. Instead, it defers the proceeding for the rest of the probation term.
During this deferred period, the defendant must comply with all terms of probation, which often include requirements such as regular check-ins, payment of fines and court costs, community service, and drug or alcohol treatment. If the defendant completes the entire term without violating the conditions of probation, the court withdraws the original plea, dismisses the charges, and updates the court record to reflect a disposition of not guilty.
The benefit of the deferred sentence is that the defendant is not legally a convicted criminal for that charge, making them immediately eligible to petition the court for a full expungement under 22 OK Stat § 22-18, sealing the record from public view. However, if the defendant violates probation, the prosecutor files a motion to accelerate. The judge can then accept the original guilty plea, immediately enter a judgment of conviction, and sentence the defendant to the full term allowed by law, with no credit for the time spent on probation.
The Suspended Sentence
In contrast, a suspended sentence begins with an immediate conviction. The defendant is found guilty, and the court formally announces a sentence, but then suspends all or part of the prison time. This suspended time is then served on probation in the community.
Since a conviction has already occurred, the defendant’s legal status changes immediately. They are now officially a convicted person. They avoid immediate incarceration and serve their time under supervision instead. Successful completion of the suspended sentence does not result in a dismissal of the charge. The conviction stays on their criminal record. While the conviction is permanent, they may still be eligible for a limited or full expungement after a waiting period, depending on the severity of the crime and whether they have other criminal convictions.
If a defendant violates the terms of their suspended sentence, the prosecutor files a motion to revoke. If the judge agrees, the defendant can be ordered to serve the remaining time of their original, suspended sentence in prison. Unlike a deferred sentence, the defendant typically gets credit for the time they successfully spent on probation.
Essentially, if you get a deferred sentence, you avoid a conviction unless you violate probation. If you get a suspended sentence, you are already convicted, and the jail time is postponed contingent on compliance.
