Okla. Stat. tit. 22, § 22-234
This is the official text of Okla. Stat. tit. 22, § 22-234, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Discretion to charge as misdemeanor
Official statutory 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.
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.
Status: in_force · Read it on the official government site
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