A Stringent Measure
In Oklahoma, an “85% crime” refers to certain serious offenses for which an individual, if convicted, must serve at least 85% of their sentence before becoming eligible for parole or any form of early release. The 85% rule is imposed on individuals convicted of certain violent crimes and those convicted of certain sexual crimes. This designation is intended to ensure that those convicted of particularly severe crimes spend a substantial portion of their sentences in prison. This is in direct contrast to convictions of lesser crimes for which a person may serve 25% or 30% of their sentence before becoming eligible for parole.
Crimes Included
The list of crimes classified under the 85% rule includes, but is not limited to:
First-Degree Murder: The unlawful, premeditated killing of another person.
Second-Degree Murder: A killing carried out with a depraved mind or during the commission of a felony.
First-Degree Manslaughter: A killing that occurs without premeditation but under circumstances that show a disregard for human life, such as in the heat of passion or during a misdemeanor.
Poisoning with Intent to Kill: Administering poison with the intention of causing death.
Shooting with Intent to Kill: Discharging a firearm with the specific intent to cause the death of another.
Assault and Battery with a Deadly Weapon: An attack using a weapon capable of causing death or serious bodily injury.
Maiming: Inflicting an injury that disfigures or disables another person permanently.
Robbery with a Dangerous Weapon: Committing theft with the use of a weapon or something that appears to be a weapon.
First-Degree Robbery: Robbery involving the use of a weapon or resulting in serious bodily harm.
First-Degree Rape: Engaging in sexual intercourse with another person through force or threats, where the victim is incapable of giving consent, or other aggravating circumstances.
First-Degree Arson: Willfully setting fire to a building or property where human life is endangered.
First-Degree Burglary: Breaking and entering into a dwelling at night with the intent to commit a crime, typically theft, and involving dangerous weapons or causing harm.
Child Abuse: Willfully harming a child physically, emotionally, or through neglect.
Forcible Sodomy: Non-consensual oral or anal sexual contact.
Child Pornography: Producing, distributing, or possessing images or videos depicting sexual acts involving minors.
Sentencing and Parole Process
Oklahoma judges impose sentences according to statutory guidelines. For 85% crimes, the sentence must reflect the severity of the offense, taking into account factors such as the defendant’s criminal history and the circumstances of the crime. After serving 85% of the sentence, offenders may apply for parole. The decision to grant parole is at the discretion of the Oklahoma Pardon and Parole Board, which evaluates factors such as the inmate’s behavior in prison, rehabilitation efforts, and the nature of the original crime.
Overall, the 85% rule reflects a stringent approach to sentencing for serious crimes, making it all the more important to have the support of experienced criminal defense counsel throughout all aspects of a criminal proceeding. If you or a loved one have been charged with a serious crime in Wagoner County, look no further than Wirth Law Office for a skilled lawyer in Wagoner. You need experienced counsel from a trustworthy Wagoner attorney who will put your interests first.
Initial Strategy Session with a Wagoner Felony Attorney
For a low-cost consultation with a Wagoner Oklahoma attorney call the Wirth Law Office – Wagoner at (918) 485-0335 (or toll-free at (888) Wirth-Law). Or, as always, you may ask us your legal question using the form at the top right of this page.
