Understanding Maximum Penalties for Criminal Charges in Muscogee Creek Nation
My name is Ted Hasse. I’m a Muscogee Nation tribal court attorney practicing in federal and tribal courts here in Oklahoma. This is part of a short series answering questions that have been submitted to me.
One question I often get is: What is the maximum penalty for a criminal charge in Muscogee Creek Nation?
Differences Between Tribal, State, and Federal Court Penalties
This is a good opportunity to highlight one major difference between tribal courts and state or federal courts. In state court, a defendant can face life in prison—or even the death penalty in some states. The same is true in federal court. But in tribal courts, while felonies can be charged, the maximum penalty per count is limited to three years.
To clarify: generally, a misdemeanor is an offense with a maximum sentence of up to one year, while a felony is any offense that can carry a sentence of more than one year. Tribal courts do prosecute felonies, but each felony count is capped at three years.
Stacking Charges and Total Penalty Limits
Can those counts be stacked? Yes. The Muscogee Creek Nation Attorney General’s Office can bring multiple counts in a single case. However, the overall maximum sentence in tribal court is nine years total—three years per count, across up to three counts.
So in short, the harshest sentence someone can receive in Muscogee Creek Nation court is nine years, no matter how many charges are filed.
Need Legal Assistance? Consultations Are Available
If you or a loved one is facing a criminal charge in Muscogee Creek Nation, we’d be glad to talk with you about how we can help. You can reach Muscogee Nation criminal defense attorney Ted Hasse at 918-932-2800.
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