Oklahoma § 22-234 - Discretion to charge as misdemeanor
Full text of Oklahoma Oklahoma Statutes § 22-234 — Discretion to charge as misdemeanor, with citation guidance and answers to common questions.
§ 22-234. Discretion to charge as misdemeanor
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.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 22-234
What does Oklahoma Statutes § 22-234 cover?
Section 22-234 ("Discretion to charge as misdemeanor") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 22-234?
A common citation format is "Oklahoma Statutes § 22-234" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 22-234 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.