Common Myths About Tribal Court Felonies in Oklahoma

Tribal Courts Can Impose Felony Charges with Limits

My name is Ted Hasse. I’m a Muscogee Creek Nation tribal court attorney practicing in both federal and tribal courts here in Indian Country, Oklahoma.

This is the fifth in a series of commonly asked questions. Today’s topic is: Can tribal courts charge me with felonies?

Do Tribal Courts Have the Authority to Charge Felonies?

This is something a lot of people get confused about. Many believe there are no felonies in tribal court — and that’s an understandable misconception. It used to be that way.

For a long time, tribal courts were limited to sentencing defendants to no more than one year in jail. By definition, any offense punishable by one year or less is considered a misdemeanor, while any offense punishable by more than one year — even one year and one day — is a felony.

The Limitations and Consequences of Tribal Felonies

So, the short answer is yes, tribal courts can charge you with felonies. However, there are limitations.

Under current law, tribal felonies are capped at three years per count. That’s the maximum sentence a tribal court can impose for a single offense. A defendant can be charged with multiple counts — up to three — for a total possible sentence of nine years (three years per count).

So, yes, there are felonies in tribal court, but they are limited in terms of punishment.

Impacts of Tribal Felony Convictions

It’s also important to know that other jurisdictions treat a felony conviction in tribal court the same as a felony conviction elsewhere. That means it can still affect your civil rights — including your federal gun rights — just as any other felony would.

If you or a loved one are facing criminal charges in Indian Country, it’s important to talk to an attorney who understands both tribal and federal law. We’d be happy to discuss your options and help you understand your rights.

Get a Low-Cost Consultation Today

Ready to discuss your case? Contact us at 918-932-2800 for a consultation. My name is Ted Hasse and I’m a Muscogee Creek Nation criminal defense attorney. I’m here to help you navigate your legal options.