Best Tulsa Criminal Defense Attorney | Superb Strategy
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If you’ve been charged with a crime, you need serious legal representation. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800 schedule your free initial consultation with attorney Cale. He will develop a defense strategy plan document for you. Call the Cale law office right away.
Tulsa criminal defense attorney Stephen Cale doesn’t waste time getting started on your case. One of the first things that he does is look at the charge itself. If the DA has a properly worded the charge, it’s possible that the charge can be dismissed. This is called a demurrer a motion to dismiss. Attorney Cale is used to before with success.
Assault and battery are actually two separate crimes, said Tulsa criminal defense attorney Stephen Cale. Assault is defined as any willful and unlawful attempt or offer with force or violence to do court will her to another. Battery is any willful and unlawful use of force or violence upon the person of another. Sometimes a charge will combine the two as assault and battery. Anyone who has been charged with any of these crimes should call the Cale law office at 918-277-4800.
A jury convicted the defendant of shooting with intent to kill. They also convicted him of the lesser included offense of assault and battery. The judge sentenced the defendant to five years in prison. The defendant appealed the conviction saying that there were numerous mistakes. Here is a summary of the case.
The defendant of his friends were fishing. The owner the property left a boat on the pond to be used by various visitors. The defendant in the two friends had permission to use the property and the boat. In the late afternoon, the defendant was in the boat. That same day, to other people have been used in the boat.
According to testimony, the two had left the boat bad intentions of returning to it. They said they left some fishing equipment in it. However when they returned, they told the defendant that he cannot use it. The man stated that he and his son had been used in a better the day one to continue to use it. The defendant question their authority but let them use the boat anyway.
A witness testified that they heard someone’s shout a threat. Both witnesses sustained injuries from pallets coming from a shotgun blast. The witnesses did not see who actually shot them. However, they did to the defendant with a shotgun. The defendant admitted that he fired the gun. But, he said that it was accidental.
On appeal, the defendant argued that the five-year sentence was excessive. The Oklahoma Court of Criminal Appeals disagreed. The appellate court will look at the facts and circumstances of each case to determine whether not the punishment is excessive. It does not have the power to modify since tense unless it shocks the conscience of the court. This is a high burden to meet.
Secondly, the defendant wanted the court to modify the sentence to exclude his court costs. The trial court is authorized by law to assess fines and costs against the defendant. Nonetheless, the appellate court does not have the authority to modify judgment sentence unless the sentence is such that shocks the conscience of the court. In this case, the imposition of court costs to not rise to that level. Additionally the court costs are not be paid until the defendant is released from imprisonment. Typically, people who have to pay fines and court costs can be put on a payment plan.
The defendant received a suspended sentence for domestic abuse. Later, the prosecution phone application to revoke, alleging that the defendant filing of various terms and conditions of his probation by committing a new offense of domestic abuse. After hearing, the judge revoked the suspended sentences in full.
The defendant filed an appeal asking the court to reverse the orders revoking his suspended sentences. In his appeal he’s not seeking the revocation of his suspended sentence. Instead his pill challenges the additional costs assessed by the District Court of the result of the revocation proceedings. He argued that the court costs and fees amount of modification the original judgment and sentence entered in his first case. He also argued that the trial court did not have authority to modify those sentences by assessing further cause.
The state seeks to revoke a suspended sentence, the question is whether the previously imposes to be executed. The court makes a factual determination is whether or not the terms of the suspension order been violated. Adjust can execute penalty previously imposed in a judgment and sentence as a consequence of a revocation. When the revocation is reviewed on appeal, the Oklahoma Court of Criminal Appeals will look at the validity of the revocation order.
The defendant argued that because the fees and costs were not part of his account until nearly month after the revocation proceeding. He was able to make an objection to the assessment at the revocation proceeding. The court must require person who is actually in custody of the jail to pay the jail facility for holding cause. The goal statutory construction is to discern the intent of the legislature. The legislature’s presumed to have never done a vain thing.
Elementary rules of statutory interpretation require the appellate court of avoid any statutory construction which would render any part of the statute useless. Statute will be given an interpretation according to the fair import of its words taken in the usual sense. This is done in connection with the context of the statute along with reference to the purpose of it. The court will also look to see whether not there is any natural or absurd consequences of any particular interpretation.
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 will also develop a free defense strategy plan document for you. This is a general outline to show you how the case will progress and what defense of steps attorney Cale will take.