Tulsa Criminal Defense Attorney | Highly Recommended | Cale Law Office
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People highly recommend Stephen Cale for a Tulsa criminal defense attorney. If you’ve been charged with a crime, call the Cale Law Office at 918-277-4800 to schedule your free initial consultation. Attorney Cale said how with you and develop a defense strategy plan document for you.
Being charged with a crime can be an overwhelming ordeal. It’s bad enough that you can be arrested and had to commit was made now jail. The Tulsa criminal defense attorney Stephen Cale will help you navigate through the criminal justice system. Will work hard to get the best possible result for you. Clients like his hands-on approach to working for them.
A person who commits domestic abuse is guilty of a felony. The punishment for this crime is up to 10 years in prison. It can also be punished by a $5000 fine. A prior pattern of physical abuse means two or more separate incidences. This includes the current incident, which can occur on different days in each incident relates to enact the rises to the level of assault and battery. Can also rise to the level of domestic abuse committed by the defendant is the current or former spouse. Assault and battery on a peace officer is a misdemeanor.
The state argued that the judge made an error in determining that the statute was unconstitutionally vague. It said that he misread the language of the statute. The Oakland Court of Criminal Appeals agreed. The judge found the statute unconstitutionally vague because he could find no distinction between the two sections of the statute. Makes assault battery in a place officer misdemeanor. On the other hand, the section is next assault and battery in a place officer a felony.
Process for analyzing the constitutionality of a statute under the equal protection clause has been set out in previous cases. First, the classification is looked at to determine if it’s in affairs with an exercise of a federal right. The court also looks as to whether not a operates to the peculiar disadvantage of the suspect class. If it does, and an analysis of the legislative classification requires strict scrutiny. In the present case, the classification set out in the statute did not involve a federal right. Neither did it go to give greater protection to police officers and a way that disadvantages a suspect class.
Therefore, the statute must be analyzed under the rational relationship test. This approach the classification must be rationally related to a legitimate state interest. The state does not violate the equal protection clause merely because the classifications pay but slaughter imperfect. Instead under the rational relationship analysis, the statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it. The Oakland Court of Criminal Appeals said that the statute and obvious paces of protecting police officers and the poor performance of their duties.
This is a public interest in protecting police officers whose job it is to protect the public. In providing greater punishment for the assault or battery of the police officer versus other citizens, the legislature’s attempts to provide additional protection to police officers during the performance of their duties. The trial court reserved a question of law in one of its decisions to sign the state statute was unconstitutional. The state charged the defendant with four counts of drug possession. At sentencing, defense counsel argued that the state statute was unconstitutional. He did not file a brief arguing the unconstitutionality of the statute the prosecution did not file a brief defendant statutes constitutionality or argue for the statute of the sentencing hearing. Tulsa criminal defense attorney Stephen Cale has filed briefs arguing against the constitutionality of the statute. As a result, the judge dismissed charges against his client.
The trial court did not issue a written order other than noting that the section was unconstitutional. The defendant argued the following. First, he said that the assessment was punitive in nature. Secondly, he asserted that statute violates his right to equal protection under the law. Thirdly he said that the assessment was not rationally related to the crime. These are various propositions that a person can bring upon appeal.
The Oklahoma Court of Criminal Appeals began with a classic roasted statutory construction. The statute will be presumed to be constitutional. It’s the duty the courts to harmonize acts of the legislature with the Constitution wherever possible. In instances where they marry be possible constructions of the statute in a contravene each other, the statute which can force the Constitution must be adopted. The court then looked whether not drug-related crimes unfairly saddle a defendant with additional expense not imposed on defendants convicted of other crimes.
When a defendant raises an equal protection argument to contest the statute, the court analyzes a statute to two determine if it impermissible in affairs with the exercise of the federal right. The court will also look to see whether not an operates to the disadvantage of a suspect classification. The suspect classification is involved, the analysis of the statute requires strict scrutiny. The defendant gets individualized attention during sentencing. His attention is because the court wants to preserve all rights of the defendant. Criminal charges a serious thing that could put somebody in prison.
If you’ve been charged with a crime, you need to call the Cale law office at 918-277-4800. Your future and your reputation are at stake. The prosecutor filed a charge, he wants to put in jail or prison. Attorney Stephen Cale will fight hard to keep you free. Attorney Cale has nearly two decades of legal experience. He focuses his practice on criminal defense. Because of his focus, he has developed an expertise in the field.
Attorney Cale practices mainly in Tulsa County and surrounding counties. Occasionally people from outside of the county will call the higher Stephen Cale. This is because they’ve heard that he’s a high-caliber attorney who fights hard. People are willing to pay large sums of money to attorney Stephen Cale to represent them. This is because they know that they will get excellent representation.