Criminal Defense Attorney Tulsa | Domestic Assault and Battery | Cale Law Office
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Prosecutors charged the defendant with domestic abuse assault battery. A jury convicted him. The judge sentenced accordingly. The defendant appealed to the Oklahoma Court of Criminal Appeals. If you’re looking for a Tulsa criminal appeals attorney, then call the Cale Law Office at 918-277-4800. Speak to attorney Stephen Cale. Here’s a summary of the case.

The defendant did not object to the instructions for proposing alternatives. The trial court judge for the uniform jury instruction definitions. He did so by adjusting the terms for dangerous weapon and bodily injury to conform to the evidence in the language of the statute the definitions were correct statements of the law. The first step in plain error analysis is to determine whether error occurred. The appeals court look to whether not there sufficient evidence.

After reviewing the evidence in the light most verbal to stay, the appeals court found that the jury could found that the defendant committed the crime of domestic assault battery. The assault battery with a dangerous weapon statute requires proof of intent to do bodily harm. Statute does not require proof that the weapon was intent to cause great bodily injury. Evidence at trial showed that the victim’s neck blood from where the defendant pressed a knife against her throat while threatening to kill her. Photographs to the emergency room hospital showed current across the victim’s throat.

Of the photograph showed raised red welts on her back in particular pattern suggestive of a wooden plank. This was the instrument that the defendant allegedly used be the victim. Also, the victim was unable to raise her arms who was in pain for weeks. In the first week after the meeting, the victim was in such pain that she had to live with her sister who had to feed them either. Based on this evidence, the Oakland Court of Criminal Appeals said that the jury could found him guilty.

The trial court did not make mistake by felon to provide the jury with an instruction on a lesser included offense of simple soul battery. The test for determining whether lesser included offense is more to is an objective one. Instructions a lesser included offense a given only if there is evidence which tends to negate an element of the greater offense. The defendant argued that the knife and parties to attack the victim were not dangerous weapons. However, he did not provide any evidence to getting the evidence based inferences they use this implements to inflict injury. Without any evidence to indicate any of these elements, jury would not have found the lesser offense.

The charge alleged that the defendant committed domestic abuse by striking the victim on her upper body with his fist. It also charged him with assault and battery with a dangerous weapon, alleging that he struck her with a piece of lumber in a knife. Evidence at trial showed that the ledge clinic consists of separate acts. Domestic abuse bicycle matter was committed with his fist as weapons. Even though the arrest on the same incident, they were separate and state tax the required to similar proof.

Criminal Defense Attorney Tulsa | Domestic Assault and Battery

Defendant claimed that the trial judge should not have run his senses consecutively. He argued that the refusal is retribution for his exercise of his right to a jury trial. The Oakland Court of Criminal Appeals will review the trial court’s decision to run senses consecutively or concurrently for an abuse of discretion. The trial court abuses its discretion when it abdicates its discretion to advance a courthouse policy. Without proof to the contrary, the court will presume the judge’s decision to impose consecutive sentences was made without passion or prejudice.

In another case, the defendant was charged with assault met with a dangerous weapon. The defendant admitted they had a prior Mississippi conviction for accessory the fact to armed robbery. The burden is on the defendant to show that this evidence was not good. The law does not support the states claim of domestic violence is a crime of moral turpitude. Driving under the influence was a crime of moral turpitude because it is inherently dangerous to the public. Shows a lack of personal integrity the lack of concern and respect of the person of others in the property.

While turpitude usually looks crimes involving Likert seat. Some examples of fraud, theft, investment and primary. Sometimes involves actual moral offenses such as incest to murder. Blacks Law dictionary defines moral turpitude is, the contrary to justice, honesty or morality. Encompasses departures from ordinary standards of honesty, good morals, just ask for ethics is to shock moral sense of the community. Misdemeanors domestic assault battery does not fit within this definition.

Essentially, domestic assault battery is a crime of violence against the person. It’s similar to assault battery. It’s difficult to characterize Pesek violence as a crime of moral turpitude the Oakland Court of Criminal Appeals held that domestic assault battery is not a crime of moral turpitude.

The state presented no evidence that the defendant had any further liability. Neither did it produce evidence that he had any obligation the criminal case of the them by documents hundred and evidence by state. The document is provided by the defense on appeal to raise a question that cannot be answered by either party this time. The trial court noted that had the issue of times can see the race at trial. He could been resolved in. The trial court returned to the burden of proof. The trial court found that the state still has the burden of proof

Trial counsel’s duties to conduct a thorough investigation of the defendants background, as his relevant to the issues at trial. With issues capital mitigation, counsel must exercise reasonable professional judgment. Is also intelligently investigated defense criminal, such a logical and personal history. If you’ve been charged with domestic assault battery, 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.