Criminal Defense Attorney Tulsa | Domestic Assault and Battery Charge | Cale Law Office
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Have you been charged with domestic assault and battery? Then you need the best criminal defense attorney Tulsa has to offer. Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale is a skilled criminal lawyer. He’s been practicing for 20 years. Plus, he’s the right kind of attorney for your case because he dedicates his practice to criminal defense.
The defendant pled no contest to domestic abuse with a dangerous weapon. The judge sentenced him to 10 years for each count but suspended all of them, subject to terms and conditions of probation. Later, the state filed an application to revoke the suspended sentence alleging he committed the new crime of theft domestic abuse must regulation. At the conclusion of the revocation hearing, the judge revoked the defendants suspended sentences in full. The defendant appealed.
The defendant argued that the revocation of his suspended sentence was based entirely on hearsay testimony. He said that alone cannot serve as a basis revoking his suspended sentence. The complaining witness in this case was defense wife. She did not testify the revocation hearing. The defendant argues that the states only evidence was testimony of investing officer in the detective. He said there was insufficient corroboration of the domestic abuse claim. He argues that the revocation of his suspended sentence was an abuse of discretion.
Full a federal constitutional rights afforded to a defendant in a criminal trial does not apply to the evidentiary hearing conducted on the states application to revoke a suspended sentence. The procedural sectors to be afforded the defendant in the revocation proceeding are outlined in a Supreme Court case. Before he a suspended sentence may be revoked, the district attorney must present competent evidence justify the revocation of his suspended sentence. The question this case is whether competent evidence includes testimony as to greens probation violations by the police officer. He also includes whether the investigate detective who did not witnessed the assault testified.
The rules of evidence are not strictly enforce the revocation proceeding. State argues that testimony from the officer sufficiently corroborated backs toward revocation. The ulcer testified that he was dispatched to the hospital in response to domestic abuse call. The victim, who was the defense wife, told the officer that the defendant through her to the ground and straggled her. He stopped only after she begged him not to assault her in the presence of their two-year-old son. The victim told the officer that after the assault, she and her son fled to her sister’s house.
The officer testified that although she did not observe any bruises on the victim. That was neither unusual nor unexpected light of the victim’s dark complexion. The officer also testified to her personal observations of the victim’s appearance, behavior and demeanor while at the hospital. She said that the victim was crying, was emotionally upset and had a hard time concentrating. The victim told the officer that she went to press charges have been inside the taken for assault and battery charge.
Criminal Defense Attorney Tulsa | Domestic Assault and Battery Charge
The defense wife also filled a domestic violence risk assessment. The officer said that most domestic abuse victims declined to do this. The detective testified that he was familiar with the defendant from prior domestic violence cases. The detective spoke with the victim who reiterated the information provided to the officer at the hospital. At the time she spoke to the detective, greens wife was will to press charges. The detective testified that the victim said it scared it was most interested in getting on the relationship with the defendant and keep your child safe.
The detective also spoke with the defendant. He did not deny the confrontation that occurred. Instead he stated that the victim that initiated the attack by enemy in the face twice. Alleged violations of conditions of the suspense is the only be proven by preponderance of the evidence. With information provided by the police related to the victim is hearsay, there was sufficient directed corroborating evidence submitted at the hearing to support revocation defendants suspended sentence.
The officers observations of the victim’s demeanor behavior while the hospitals not hearsay. The there is information that the officers were dispatched to the hospital response to domestic abuse call. The officers observations were made by them independently and have probative value. The value did not depend on the victim’s credibility. The Oklahoma Court of Criminal Appeals is addressed the probationers due process rights of confrontation when hearsay statements or property revocation hearing.
In that case, the appeals court concluded that the due process competition requirement applicable to revocation hearings will generally be satisfied with evidence bears. The probationers right of confrontation is not the same as that granted under the sixth amendment. Instead a right arises from due process considerations. Patients right confrontation is subject to relaxed the process standards that may permit interdiction evidence that would not be admissible in a criminal trial.
The record presented to the Oklahoma Court of Criminal Appeals indicates that the statements met proper criteria. States claim that the victim status to police constitute excited utterance. Also constituted present sense impression. Both of these are exceptions to the hearsay rule. The officer’s testimony that the victim’s demeanor, their observations of physical condition satisfied evidence. Therefore, the Oklahoma Court of Criminal Appeals sustained the revocation.
If you’ve been charged with domestic assault battery, you need the best criminal defense attorney Tulsa has offer. Call the Cale Law Office at 918-277-4800. Speak with attorney Stephen Cale. Attorney Cale is a skilled criminal lawyer. He has nearly two decades of experience. Plus, he has the right kind of experience because he focuses his practice on criminal defense.
Often times, a defendant in a domestic assault battery case will receive probation. There are basically two types of probation. One involves a deferred sentence. The other involves a suspended sentence. With both of these types of probation, there will be certain rules that the person will have to abide by. This includes obeying the law.
There are some differences between the two types of probation. With a deferred sentence, the case will be dismissed at the end of the term of probation. Additionally, at the end of the probation, the charge is not considered a conviction. However, the same is not true with a suspended sentence. At the end of probation for a suspended sentence, the charge is considered a conviction.