Oklahoma § 22-234 Discretion to charge as misdemeanor.

Oklahoma Statutes

§ 22-234 — Discretion to charge as misdemeanor.

Oklahoma § 22-234

Title 22Criminal Procedure

This text of Oklahoma § 22-234 (Discretion to charge as misdemeanor.) is published on Counsel Stack Legal Research, covering Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Okla. Stat. tit. 22, § 22-234 (2026).

Text

When determining the appropriate charge for a person accused of committing a criminal offense, the district attorney shall have the discretion to file the charge as a misdemeanor offense rather than a felony offense after considering the following factors: 1. The criminal offense for which the person has been arrested is not listed as a criminal offense in Section 13.1 or subsection G of Section 1040.13b of Title 21 of the Oklahoma Statutes; 2. The nature of the criminal offense; 3. The age, background and criminal history of the person who committed the criminal offense; 4. The character and rehabilitation needs of the person who committed the criminal offense; and 5. Whether it is in the best interests of justice to file the charge as a misdemeanor offense rather than a felony offense.

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When determining the appropriate charge for a person accused of committing a criminal offense, the district attorney shall have the discretion to file the charge as a misdemeanor offense rather than a felony offense after considering the following factors: 1. The criminal offense for which the person has been arrested is not listed as a criminal offense in Section 13.1 or subsection G of Section 1040.13b of Title 21 of the Oklahoma Statutes; 2. The nature of the criminal offense; 3. The age, background and criminal history of the person who committed the criminal offense; 4. The character and rehabilitation needs of the person who committed the criminal offense; and 5. Whether it is in the best interests of justice to file the charge as a misdemeanor offense rather than a felony offense.