Oklahoma Bail Amounts by Crime: Misdemeanors, Felonies, and Denials

Oklahoma bail amounts by crime run from roughly $100 for the lowest misdemeanors to $1 million or more for first-degree murder with prior violent convictions. Each judicial district publishes a preset bail schedule that assigns default amounts to common charges, and jail staff or a magistrate applies that schedule when someone is booked.¹ Judges can go above or below the schedule based on the defendant’s record, ties to the community, and the facts of the case, so two people facing the same charge in different counties can see very different numbers.

Misdemeanor Bail Amounts

Misdemeanor bail generally falls between $100 and $1,000 on county preset schedules. Tulsa County’s schedule is a useful benchmark:

Petty larceny and trespassing: $250
Misdemeanor assault and battery, simple domestic assault, carrying a weapon without a license: $500
First-offense DUI: $1,000

Other counties keep their own schedules and specific amounts differ, so check the local court for the jurisdiction where the arrest happened.¹

For low-level cases, a judge may release a defendant on their own recognizance, meaning no money changes hands and the defendant simply signs a promise to appear. That option is unavailable for domestic abuse, stalking, harassment, and protective order violations.²

Nonviolent Felony Bail Amounts

Bail jumps once a charge crosses into felony territory. On Tulsa County’s schedule:

Second-degree burglary: $5,000 first offense, $10,000 with priors
Grand larceny: $5,000, rising as high as $40,000 for repeat offenders
Forgery: $10,000, rising to $20,000 for a second or subsequent charge
Felony DUI: $15,000, rising to $30,000 with prior DUI convictions

When multiple felony charges are filed at once, bail is often stacked, so a defendant facing three separate charges could owe three separate bonds.¹ Judges also factor in potential restitution: a fraud case involving hundreds of thousands of dollars in losses typically draws a higher bail than one involving a few thousand, even under the same statute.

Violent Felony Bail Amounts

Violent felonies carry the highest amounts. Oklahoma statutorily defines violent crimes to include first-degree murder, first- and second-degree manslaughter, armed robbery, kidnapping, rape, and aggravated assault and battery on a law enforcement officer, among others.³ Tulsa County’s preset amounts for these charges:

First-degree murder: $500,000 first offense, $1,000,000 with prior violent convictions
Second-degree murder: $250,000, rising to $500,000
Armed robbery: $50,000, rising to $100,000
Kidnapping: $50,000, rising to $100,000
Rape: $25,000, rising to $50,000
Robbery (unarmed): $20,000, rising to $40,000
Felony assault and battery: $7,500, rising to $15,000

These are starting points, and judges often set bail higher when the facts warrant it.¹

Drug Offense Bail Amounts

Drug charges split into two very different tiers after voters approved State Question 780 in 2016. Simple possession of any controlled substance is now a misdemeanor with a maximum penalty of one year in jail and a $1,000 fine, and bail for possession-only cases mirrors other misdemeanors on county schedules.

Once quantity pushes a charge into felony trafficking, penalties and bail climb sharply. Oklahoma’s trafficking weight thresholds are:

Methamphetamine: 20 grams or more
Cocaine: 28 grams or more
Heroin: 10 grams or more
Marijuana: 25 pounds or more

Exceeding these amounts triggers a trafficking charge as a Class B3 felony, and larger quantities constitute aggravated trafficking as a Class B2 felony with fines reaching $500,000.⁴ When bail is granted in trafficking cases, amounts often start at $50,000 and climb from there for large-scale operations, prior drug convictions, or aggravating factors like distribution near schools or involving minors.

Firearm Offense Bail Amounts

The most common firearm charge, a convicted felon in possession of a firearm, is a Class B4 felony.⁵ Tulsa County’s preset bail for that charge is $20,000.¹ A felon who received a full pardon for a nonviolent conviction and has no other unexcused felonies has firearm rights restored under the statute, so context matters.

When a firearm is used during another felony, the underlying crime sets the bail and the weapon pushes it up. Armed robbery already carries a $50,000 preset. Reckless discharge of a firearm and pointing a weapon at another person typically fall in the $5,000 to $25,000 range, higher if someone was injured. Judges frequently require surrender of all firearms as a release condition on weapon-related charges.

Domestic Violence Bail

Domestic violence arrests do not follow the ordinary booking-desk release process. Oklahoma law bars police and sheriffs from releasing anyone arrested for domestic abuse, stalking, harassment, or violating a protective order without first bringing them before a judge.⁶ A judicial hearing is mandatory before any release.

At that hearing, the judge weighs an extensive list of factors: prior violence, current mental health, past violations of court orders, danger to any person, substance abuse history, access to weapons, severity of the incident (including strangulation, injury, abuse during pregnancy, harm to pets, or forced entry), recent or pending separation, controlling behavior like stalking or isolation, and any suicidal or homicidal statements.⁶ This is the category where judges are least likely to defer to a preset schedule. No-contact orders, GPS monitoring, and firearm surrender are common release conditions, and own-recognizance release is not available.²

When Bail Can Be Denied Entirely

The Oklahoma Constitution generally guarantees the right to bail, but carves out serious exceptions. Bail can be denied outright for:

Capital offenses when the evidence of guilt is strong
Violent offenses
Crimes carrying a potential life sentence
Felonies where the defendant already has two or more prior felony convictions from separate incidents
Certain drug offenses with a maximum sentence of at least ten years

For every category except capital offenses, the prosecution must show both that the evidence of guilt is strong and that no release conditions would protect the community.⁷ The habitual-offender track matters here too: Oklahoma’s sentencing enhancement for repeat felons raises the potential sentence, which gives judges added reason to set bail at levels that effectively prevent release.⁸

How Judges Adjust the Schedule

The preset amount is a starting point, not a fixed price. The primary factor in setting bail is the likelihood the defendant will show up for trial, and courts also weigh the seriousness of the charge, the defendant’s reputation, and financial situation.⁹ An indigent defendant with strong ties to the community may see a lower number; someone with a history of missing court will see a higher one. For charges not listed on the schedule at all, bail can only be set after an individualized hearing.¹⁰

How the Amount Actually Gets Paid

Most defendants don’t hand the court the full amount. Oklahoma recognizes four ways to post bail, each with different costs.

A cash bond means paying the full bail amount directly to the court. If the defendant makes every appearance, the money comes back after the case ends, minus any fees or fines owed. If the defendant skips court, the whole amount is forfeited.

A surety bond is the most common route. A bail bondsman posts the full amount, and you pay the bondsman a nonrefundable premium of roughly 10% of the total bail. That premium is gone regardless of the case outcome, even if charges are dropped.

A property bond uses real estate or other valuable assets as collateral worth at least the bail amount. The court can seize the property if the defendant fails to appear.

Own recognizance requires no money, only a signed promise to appear, and is limited to lower-risk cases. It is unavailable for domestic violence, stalking, harassment, and protective order violations.²

Asking the Court to Lower Bail

If the amount set is beyond what you can afford, you can ask the court to reduce it. After the initial appearance, bail is changed only through a written motion filed with the court clerk, a written agreement between the parties approved by a judge, or an emergency request when the court is closed. A motion to reduce must be set for hearing with at least 48 hours’ notice to the prosecution.¹¹

Strong arguments for reduction include stable employment, family in the area, no prior failures to appear, and inability to pay the current amount. Both the Oklahoma Constitution and the Eighth Amendment prohibit excessive bail, meaning bail set higher than what is reasonably necessary to ensure appearance. Judges have wide discretion, though, and appellate courts rarely overturn bail decisions absent a clear abuse of it.

1
Tulsa County District Court. Appendix A Tulsa County District Court Preset Bond Schedule
2
Justia. Oklahoma Code Title 22-1108.1 – Own Recognizance Bonds
3
Justia. Oklahoma Code 57-571 – Definitions
4
Justia. Oklahoma Code 63-2-415 – Application
5
Justia. Oklahoma Code 21-1283 – Convicted Felons and Delinquents
6
Justia. Oklahoma Code Title 22-1105 – Defendant Discharged on Bail
7
Oklahoma State Senate. Oklahoma Constitution Article II – Bill of Rights
8
Justia. Oklahoma Code 21-51.1 – Second and Subsequent Offenses After Conviction of Felony
9
New York Codes, Rules and Regulations. Rule CR 2 – Pre-Established Bail and Initial Appearance
10
New York Codes, Rules and Regulations. Fourteenth Judicial District Court Rule CR 2 – Pre-Established Bail and Initial Appearance
11
New York Codes, Rules and Regulations. Rule 25 – Bond Requests