Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 07-03-2024
Case Style:
Case Number: CF-2024-1915
Judge: April Seibert
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description:
Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with domestic assault and battery by strangulation in violation of 21 O.S. 644 J.
J. Any person who commits any assault and battery by strangulation or attempted strangulation against an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes shall, upon conviction, be guilty of domestic abuse by strangulation and shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than one (1) year nor more than three (3) years, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment. Upon a second or subsequent conviction for a violation of this section, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than three (3) years nor more than ten (10) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection. As used in this subsection, “strangulation” means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.
Outcome: 3-2024 DEFERRED
JUDGE APRIL SEIBERT: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY COUNCEL. STATE REPRESENTED BY KATIE KOLJACK. COURT REPORTER: WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO PRELIMINARY HEARING, JURY TRIAL, AND NON JURY TRIAL. DEFENDANT ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:
COUNT 1) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR 5 YEARS UNTIL 6-25-29 @ 9:30 AM IN ROOM 601. DEFENDANT UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS COMMUNITY SENTENCING. DEFENDANT TO PAY $600.00 COURT FUND ASSESSMENT, $150.00 VICTIM'S COMPENSATION ASSESSMENT. DEFENDANT TO FOLLOW ALL RULES OF COMMUNITY SENTENCING.
DEFENDANT TO COMPLETE BIP. BIP REVIEW SET FOR 8-6-24 9:00AM ROOM 713. DEFENDANT TO COMPLETE DRUG AND ALCOHOL ASSESSMENT AND PARENTING CLASSES. DEFENDANT TO PAY 991 FEES.
COURT SIGNS TRANSFER ORDER MOVING THIS CASE TO FDV PER ADMIN ORDER.
DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COURT COSTS. RULE 8 HEARING HELD. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED.
Plaintiff's Experts:
Defendant's Experts:
Comments: