Okla. Stat. tit. 22, § 22-234: Discretion to charge as misdemeanor

When determining the appropriate charge for a person accused of

committing a criminal offense, the district attorney shall have the

discretion to file the charge as a misdemeanor offense rather than a

felony offense after considering the following factors:

1. The criminal offense for which the person has been arrested

is not listed as a criminal offense in Section 13.1 or subsection G

of Section 1040.13b of Title 21 of the Oklahoma Statutes;

2. The nature of the criminal offense;

3. The age, background and criminal history of the person who

committed the criminal offense;

4. The character and rehabilitation needs of the person who

committed the criminal offense; and

5. Whether it is in the best interests of justice to file the

charge as a misdemeanor offense rather than a felony offense.