State of Oklahoma v. Darlene Beverly

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with:

ABUSE B Y CARETAKER, in violation of 21 O.S. 843.1,, amended to aggravated assault and battery in violation of 21 O.S. 646, which provides:

A. An assault and battery becomes aggravated when committed under any of the following circumstances:

1. When great bodily injury is inflicted upon the person assaulted; or

2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in Section 641 of this title.

B. For purposes of this section "great bodily injury" means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.

21 o.s. 843.1 provides:

A. 1. No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.

2. For purposes of this section, the terms "abuse", “financial neglect”, "neglect", "sexual abuse", and "exploit" shall have the same meaning as such terms are defined and clarified in Section 10-103 of Title 43A of the Oklahoma Statutes.

DEFERRED


JUDGE KASEY BALDWIN: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY ERIN KRAVCHICK, STATE REPRESENTED BY RAYMOND ALLRED. COURT REPORTER WAIVED. DEFENDANT SWORN IN OPEN COURT. CASE CALLED FOR PRELIMINARY HEARING ISSUE. DEFENDANT WAIVES RIGHTS TO PRELIMINARY HEARING JURY TRIAL, AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF NOLO CONTENDERE. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:

COUNT 1) AMENDED TO AGGRAVATED ASSAULT AND BATTERY ; COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR TWO (2) YEARS UNTIL 8/7/29 AT 9:00AM ROOM 406. DEFENDANT ASSESSED $500 COURT FUND, $250 VICTIMS COMPENSATION ASSESSMENT, PLUS COST.



DEFENDANT TO BE UNDER FORMAL SUPERVISION THROUGH THE DISTRICT ATTORNEY. DEFENDANT TO COMPLETE ANGERY MANAGEMENT AND FOLLOW ALL RECOMMENDATIONS.

DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COURT COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.