{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-28-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-28-102","heading":"Jurisdiction of criminal court of record - Jury trial -","body":"Maximum punishment - Double jeopardy.\n\nA. The municipal criminal courts of record shall have original\n\njurisdiction to hear and determine all prosecutions when a violation\n\nof any of the ordinances of the city where the court is established\n\nis charged, as provided by Article VII, Section 1 of the Oklahoma\n\nConstitution.\n\nB. In cases when the penalty provided for the violation of an\n\nordinance is a fine in the amount of more than Five Hundred Dollars\n\n($500.00), excluding court costs, or by imprisonment, or by both\n\nsuch fine and imprisonment, all persons charged before such\n\nmunicipal criminal court of record shall be entitled to a trial by\n\njury, unless waived by the defendant. Judgment and sentence imposed\n\nby the judge shall be as effective as if the same had been rendered\n\nand imposed by a jury.\n\nC. The maximum punishment that may be levied in any municipal\n\ncriminal court of record is a fine not exceeding One Thousand Two\n\nHundred Dollars ($1,200.00) and costs, an imprisonment not to exceed\n\nsix (6) months, or both such fine and imprisonment. Provided, the\n\nmaximum punishment that may be levied in any municipal criminal\n\ncourt of record for violations of municipal traffic ordinances not\n\nincluding ordinances relating to driving a motor vehicle under the\n\ninfluence of alcohol or drugs is a fine not exceeding One Thousand\n\nTwo Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not\n\nto exceed ninety (90) days, or both such fine and imprisonment. If\n\na fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed\n\nfor an alcohol-related or drug-related traffic offense, the amount\n\nin excess of Seven Hundred Fifty Dollars ($750.00) shall be used to\n\ndefray costs for enforcement of laws relating to juvenile access to\n\nalcohol, other laws relating to alcohol and other intoxicating\n\nsubstances, and traffic-related offenses involving alcohol or other\n\nintoxicating substances. Provided, further that any municipal\n\ncriminal court of record may levy a fine not to exceed One Thousand\n\nDollars ($1,000.00) and costs, an imprisonment not to exceed six (6)\n\nmonths, or both such fine and imprisonment for violations of\n\nmunicipal ordinances regulating the pretreatment of wastewater and\n\nregulating stormwater discharges. Provided, further, that for\n\nviolations of municipal ordinances relating to prostitution,\n\nincluding but not limited to engaging in prostitution or soliciting\n\nor procuring prostitution, any municipal criminal court of record in\n\ncities with more than two hundred thousand (200,000) in population\n\nmay levy an imprisonment not to exceed six (6) months, and fines as\n\nfollows: a fine not to exceed Two Thousand Five Hundred Dollars\n\n($2,500.00) upon the first conviction for violation of any such\n\nordinances, a fine of not more than Five Thousand Dollars\n\n($5,000.00) upon the second conviction for violation of any of such\n\nordinances, and a fine of not more than Seven Thousand Five Hundred\n\nDollars ($7,500.00) upon the third or subsequent convictions for\n\nviolation of any of such ordinances, or both such fine and\n\nimprisonment, as well as a term of community service of not less\n\nthan forty (40) nor more than eighty (80) hours. If imprisonment is\n\navailable for the offense, then that person charged shall have a\n\nright to a jury trial.\n\nD. A defendant who has been in jeopardy for the same or any\n\nlesser included offense in the municipal criminal court of record or\n\ndistrict court shall not be prosecuted in any other court for the\n\nsame or a lesser included offense.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"35c272f226760e3f2631c5d4265a512b69965a018cad371a17446d8dd6045ea0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-28-101","next":"us-ok/okla.-stat.-tit.-11-11-28-102a"},"notice":"GroundRules: Original legal text. Not legal advice."}