§22-234. Discretion to charge as misdemeanor.
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/ok/title-22-criminal-procedure/22-234·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. Added by Laws 2016, c. 219, § 1, eff. Nov. 1, 2016. Amended by Laws 2020, c. 35, § 2, eff. Nov. 1, 2020.