Oklahoma § 22-234 Discretion to charge as misdemeanor.

Oklahoma Statutes

§ 22-234 — Discretion to charge as misdemeanor.

Oklahoma·Title 22 Criminal Procedure

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.

Oklahoma § 22-234 (Discretion to charge as misdemeanor.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.