If you find yourself charged with a serious crime, you might hear the term “85% crime in Oklahoma.” It’s important to understand what this means because it directly affects how long someone might be in prison before they can even be up for parole.
Understanding the 85% Rule
In Oklahoma, the law requires that if you receive a conviction of certain severe crimes, you must serve at least 85% of your prison sentence before you can be eligible for parole. This rule is outlined in the Oklahoma Statutes Section 13.1. This was set into law to ensure that individuals convicted of particularly serious offenses serve the majority of their sentences, reflecting the severity of their crimes.
Crimes Classified as 85% Crimes
Here are the specific offenses that Oklahoma law classifies as 85% crimes, each requiring that at least 85% of the sentence be served:
- First Degree Murder: This involves premeditated killing, the most serious form of homicide.
- Second Degree Murder: This includes killings that are intentional but not premeditated or resulting from reckless disregard for life.
- Manslaughter in the First Degree: This charge often involves unintentional killing that results from another serious criminal act.
- Poisoning with Intent to Kill: Using poison to attempt to take someone’s life intentionally.
- Shooting with Intent to Kill: Attempting to kill someone by shooting.
- Assault and Battery with a Deadly Weapon: Attacking someone with a weapon or other means that are likely to cause death or severe bodily harm.
- Conjoint Robbery: Robbery committed by two or more people together.
- Robbery with a Dangerous Weapon: Committing robbery while armed with a dangerous weapon.
- First Degree Robbery: This involves causing serious bodily harm or threatening to cause harm during a robbery.
- First Degree Rape: Rape involving elements like violence, resulting in serious bodily injury, or where the victim is unconscious.
- First Degree Arson: Maliciously burning a building typically occupied by people, like homes or businesses.
- First Degree Burglary: Entering a home or dwelling with intent to commit a crime therein, especially when someone is present.
- Bombing: Using explosives to destroy property or cause harm.
- Crimes Against Children: Includes particularly heinous crimes involving child abuse, child pornography, and child prostitution.
- Forcible Sodomy: Forcibly engaging in oral or anal sexual intercourse with another person against their will.
- Child Pornography and Aggravated Child Pornography: Creating, distributing, or possessing pornographic material involving minors.
- Child Prostitution: Involving a minor in prostitution.
- Lewd Molestation of a Child: Inappropriately touching or molesting a child.
- Abuse of a Vulnerable Adult: Physical or psychological abuse directed at an adult who is incapable of self-protection.
- Aggravated Trafficking: Engaging in trafficking of drugs under aggravated circumstances.
- Aggravated Assault and Battery: Attacking someone in a way that is likely to result in significant bodily harm.
- Human Trafficking: Engaging in the illegal trade of people for the purposes of forced labor or sexual exploitation.
Implications of Being Charged with an 85% Crime
Receiving a charge of an 85% crime in Oklahoma has significant implications. First, it affects your parole eligibility. Normally, prisoners can earn credits for good behavior or through participation in certain programs, which can reduce the time they spend in prison. However, if you receive a conviction of an 85% crime, these credits will not reduce your sentence to less than 85% of what was originally imposed.
This means if have a sentence up to 10 years in prison for one of these crimes, you will not be eligible for parole until you have served at least 8.5 years. It’s crucial to understand that this rule is strictly enforceable and significantly limits the discretion normally available in the parole process.
What You Can Do
If you or someone close is facing charges that involve one of these serious offenses, it’s essential to act swiftly. Here are a few steps you should consider:
- Understand the Charges: Make sure you fully understand what the charges entail and the specifics of how they are classified under Oklahoma law.
- Hire a Lawyer: If charged with an 85% crime, consulting with an experienced criminal defense lawyer is very important. A knowledgeable defense attorney can offer guidance, manage expectations, and work to achieve the best possible outcome.
- Prepare for the Long Term: Considering the severe nature of these crimes and the mandatory sentencing rules, preparing for a long legal battle and possible lengthy prison time is crucial. This involves both emotional preparation and practical arrangements, like organizing personal affairs and family responsibilities.
Tulsa Criminal Defense Lawyer
Understanding what an 85% crime in Oklahoma means is crucial for anyone facing serious criminal charges. By understanding your charges, engaging competent legal help, you can better prepare for all possible outcomes. This helps you better navigate the challenges of an accusation of a serious offense. Kania Law Office has a strong track record in handling serious criminal charges. Those charges include charges classified as 85% crime in Oklahoma. Reach out to Kania Law Office at (918) 743-2233 or online.
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.