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Date: 04-22-2024
Case Style:
Case Number: CF-2023-2165
Judge: CF FDV Docket
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description: Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with:
Count # 1.
Count as Filed: ABDOM, DOMESTIC ASSAULT AND BATTERY BY STRANGULATION, in violation of 21 O.S. 644 J
Date of Offense: 06/18/2023
FRANKS, AVERY LLOYD
Disposed: CONVICTION, 04/22/2024. Guilty Plea
Count as Disposed: AMENDED TO MISDEMEANOR - DOMESTIC ASSAULT AND BATTERY(ABDOM)
Violation of 21 O.S. 644 C, which provides:
C. Any person who commits any assault and battery against a current or former intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes shall be guilty of domestic abuse. Upon conviction, the defendant shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Upon conviction for a second or subsequent offense, the person shall be punished by imprisonment in the custody of the Department of Corrections for not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent offense.
Count # 2.
Count as Filed: ABDOM, DOMESTIC ASSAULT OR ASSAULT AND BATTERY WITH A DANGEROUS WEAPON, in violation of 21 O.S. 644.d1
Date of Offense: 06/18/2023
FRANKS, AVERY LLOYD
Disposed: CONVICTION, 04/22/2024. Guilty Plea
Count as Disposed: AMENDED TO MISDEMEANOR - DOMESTIC ASSAULT AND BATTERY(ABDOM)
Violation of 21 O.S. 644.d1, which provides:
D. 1. Any person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes with any sharp or dangerous weapon, upon conviction, is guilty of domestic assault or domestic assault and battery with a dangerous weapon which shall be a felony and punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for a violation of this paragraph.
Outcome: 04-22-2024 CONVICTED
JUDGE MICHELLE KEELY: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY COUNSEL. STATE REPRESENTED BY ELYSSA KOHLER AND TREVION FREEMAN. COURT REPORTER: TAMI MORSE. DEFENDANT ADVISED OF RIGHTS, WAIVED JURY/NON-JURY TRIAL AND ENTERED PLEA OF GUILTY. COURT ACCEPTS GUILTY PLEA, FINDS DEFENDANT GUILTY, AND SENTENCES AS FOLLOWS:
DEFENDANT TO BE SUPERVISED BY THE DEPARTMENT OF CORRECTIONS, PROBATION AND PAROLE.
COUNT 1) AMENDED TO MISDEMEANOR - DOMESTIC ASSAULT AND BATTERY. DEFENDANT SENTENCED TO ONE (1) YEAR IN THE TULSA COUNTY JAIL, ALL TIME SUSPENDED SENTENCE. DEFENDANT ASSESSED: $300.00 FINE, $125.00 VCA, PLUS COSTS.
COUNT 2) AMENDED TO MISDEMEANOR - DOMESTIC ASSAULT AND BATTERY. DEFENDANT SENTENCED TO ONE (1) YEAR IN THE TULSA COUNTY JAIL, ALL TIME SUSPENDED SENTENCE. DEFENDANT ASSESSED: $300.00 FINE, $125.00 VCA, PLUS COSTS.
ALL CASES TO RUN CONCURRENTLY WITH EACH OTHER: CF-2023-2165 AND CF-2023-2903.
ALL COUNTS TO RUN CONCURRENTLY WITH EACH OTHER.
DEFENDANT IS ORDERED TO FOLLOW ALL RULES AND CONDITIONS OF PROBATION.
DEFENDANT IS ORDERED TO HAVE NO CONTACT WITH THE VICTIM.
DEFENDANT IS ORDERED TO COMPLETE BIP.
BIP REVIEW SET ON 5/14/2024 AT 9AM IN ROOM 713 BEFORE JUDGE KELLY GREENOUGH.
STATE AGREES TO NOT FILE CASE IN NF-2024-2546.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. BOND EXONERATED. J&S ISSUED.
Plaintiff's Experts:
Defendant's Experts:
Comments: