Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how strong or persuasive the evidence must be before someone can be convicted after a trial is called the “burden of proof.” In the United States a criminal defendant is NOT required to prove their innocence. The burden of proof falls squarely on the shoulders of the prosecution (the city prosecutor, the assistant district attorney, the the Assistant United States Attorney).

So the answer to your question is, yes, they must prove beyond a reasonable doubt each and every element of the crime of “Interference with an Emergency Telephone Call” before the defendant could be found guilty and considerations of punishment entertained.

Gary Johnston Dean agrees with this answer

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