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  1. #1
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    Jan 2018
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    Default What is the Chance That an Assault with Deadly Weapon Will Be Reduced

    My question involves criminal law for the state of: Oklahoma

    My friend got arrested back in August on a domestic charge of assault with a deadly weapon. A felony. Even though he's been violent in the past, he has no other prior felony convictions, or arrests that I know of. His court records only show two protective orders, one being from his now deceased ex, and a handful of money judgment lawsuits. Based on the fact that he's 45 yrs old with no other criminal history, what are the odds that his felony will be reduced to a misdemeanor? Also, his wife had forgiven him, and has posted glowing things on facebook talking about how much she loves him and what a great husband he is. He has a court appointed attorney, so I don't know what to tell the wife as far as whether or not that means anything. She asked me, thinking I might know. His next hearing is a status hearing for March of 2019. I did tell her I thought a status hearing made it sound hopeful. Especially since enough time has gone by. She's hoping the D.A just wont' see the protective orders, but I'm almost certain they will. I don't know the details on what happened exactly, since she doesn't really want to talk about that night specifically.

    Not much to go on I know, but any thoughts out there on what this MAY sound like?

  2. #2
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    Mar 2013
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    Default Re: Odds an Assault with Deadly Weapon Will Be Reduced

    Quote Quoting tdj
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    My question involves criminal law for the state of: Oklahoma

    My friend got arrested back in August on a domestic charge of assault with a deadly weapon. A felony. Even though he's been violent in the past, he has no other prior felony convictions, or arrests that I know of. His court records only show two protective orders, one being from his now deceased ex, and a handful of money judgment lawsuits. Based on the fact that he's 45 yrs old with no other criminal history, what are the odds that his felony will be reduced to a misdemeanor?
    I don't know the details on what happened exactly, since she doesn't really want to talk about that night specifically.
    That's the problem. There's no way to speculate without knowing what the weapon was and how it was used and you certainly don't want to reveal that on the internet where the prosecutor may see it.

    Quote Quoting tdj
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    Also, his wife had forgiven him, and has posted glowing things on facebook talking about how much she loves him and what a great husband he is.
    Typical "battered spouse syndrome" and won't matter to the outcome of the prosecution.

  3. #3
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    Default Re: Odds an Assault with Deadly Weapon Will Be Reduced

    Correction: It was assault with a DANGEROUS weapon, not deadly weapon. Not sure if there is much of a difference, but that's what the charge stated on odcr.

  4. #4
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    Mar 2013
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    Default Re: Odds an Assault with Deadly Weapon Will Be Reduced

    Read Oklahoma Statutes 21-645 and 21-652. The differences are clear. He can get up to 10 years for assault with a dangerous weapon and up to life for assault with a deadly weapon.

  5. #5
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    Default Re: Odds an Assault with Deadly Weapon Will Be Reduced

    On the basis of what we know now, the odds are somewhere between zero and one hundred percent.

  6. #6
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    Default Re: What is the Chance That an Assault with Deadly Weapon Will Be Reduced

    Quote Quoting tdj
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    His court records only show two protective orders
    Only two?


    Quote Quoting tdj
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    Based on the fact that he's 45 yrs old with no other criminal history, what are the odds that his felony will be reduced to a misdemeanor?
    Based solely on those facts, there is zero chance. His age is irrelevant. Do you think prosecutors are in the habit of charging folks with serious crimes and then reducing the charges just for shits and giggles?


    Quote Quoting tdj
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    Also, his wife had forgiven him, and has posted glowing things on facebook talking about how much she loves him and what a great husband he is.
    Unfortunately, this sort of thing is not uncommon for victims of domestic abuse.

    If I were you, I'd stay as far away from these folks and their problems as possible.

  7. #7
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    Jan 2018
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    Default Re: What is the Chance That an Assault with Deadly Weapon Will Be Reduced

    No, I don't think they do it for "shits and giggles", but I also know for a fact that a D.A will frequently over charge a person so they can have some leverage when it comes to negotiating lower charges in an effort to encourage someone to plead down. I've recently discovered, that the police are now claiming there was a gun involved, though the spouse is insisting that the gun was in the safe the whole time, and they forced her to take it out. Grant it, that excuse has some serious flaws in it, but that's the claim. And from what I understand, unless they changed the way of doing things since I was last involved in the court system, a persons lack of criminal history tends to play a huge role in how hard the D.A will come down on them. I think his biggest problem at this point, are going to be those two restraining orders.


    Thank you for your input though. And yes, at this point I'm simply observing from a safe distance. Too many uncalled for nasty attitudes coming my way from them.

  8. #8
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    Jul 2018
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    Default Re: What is the Chance That an Assault with Deadly Weapon Will Be Reduced

    Quote Quoting tdj
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    I also know for a fact that a D.A will frequently over charge a person so they can have some leverage when it comes to negotiating lower charges in an effort to encourage someone to plead down.
    Ok, but you provided no facts that would support the conclusion that this is what occurred in your friend's case.

  9. #9
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    Default Re: What is the Chance That an Assault with Deadly Weapon Will Be Reduced

    Quote Quoting pg1067
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    Ok, but you provided no facts that would support the conclusion that this is what occurred in your friend's case.

    No, sorry, you're right I didn't. I just figured aside from the most heinous crimes, that this was just standard operating procedure when it came to D.A's and criminal charges. Other then that, I have no facts or evidence to know whether they are going to do that or not. But I'm heavily assuming they will. Again, those two restraining orders are going to be a big hurdle. The charges first came up last year in August, and it hasn't progressed very far at all, with a status hearing coming in March. Which seems an insanely long time to have a case like this open and dragged out. That and he made the comment that he thinks the d.a is going to throw the book at him because she's a woman, and therefore she's got it out for men who commit domestic violence crimes. That may or may not be, but still, I BEGGED him in a pm to please don't say that in court. PLEASE, for the love of God........

  10. #10
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    Feb 2019
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    Default Re: What is the Chance That an Assault with Deadly Weapon Will Be Reduced

    If he says that in court, he's finished. That's for sure.

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