Section 234 - Discretion to charge as misdemeanorWhen 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; and5. Whether it is in the best interests of justice to file the charge as a misdemeanor offense rather than a felony offense.Okla. Stat. tit. 22, § 234
Added by Laws 2016 , c. 219, s. 1, eff. 11/1/2016.