The 85% rule in Oklahoma applies to certain crimes and requires offenders to serve 85% of their sentence before early release may be considered. This rule often applies to very serious offenses, so it is important to talk with your Oklahoma City criminal defense attorney to understand your rights if you have already been sentenced, as well as how to avoid this possibility if you are facing charges for a crime subject to this rule.
The Purpose of the 85% Rule
Some crimes are more serious than others, and Oklahoma requires that convicted individuals serve their sentences more fully. This means that offenders may not be able to pursue parole or get a sentence reduction early in their sentence, even for good behavior. Since different types of crimes are sentenced differently, and according to the particular circumstances of the offense, eligibility for early release is based on the percentage of sentence completion rather than a set time frame.
What Criminal Offenses May be Subject to Oklahoma’s 85% Rule
Crimes that may be subject to Oklahoma’s 85% rule generally include severe, violent, or sexual offenses, typically committed directly against another person. While these offenses are generally subject to mandatory minimum sentencing guidelines, judges still have discretion over the final terms of sentencing. Some common offenses that the 85% rule applies to include:
- First and second degree murder
- Manslaughter
- Assault with a deadly weapon or intent to kill
- Battery with a deadly weapon
- Poisoning with the intent to kill
- Shooting with the intent to kill
- Robbery with a dangerous weapon
- First-degree burglary
- First-degree rape
- First-degree arson
- Child abuse, child sexual abuse, child prostitution, and child pornography
- Trafficking
- Bombing
It is imperative to work with an experienced criminal defense lawyer if you have been charged with any of these crimes. They can develop a defense strategy that addresses your situation, the implications on your life, and the strengths and weaknesses of the prosecution’s case against you.
What Happens After the 85% Rule Has Been Served
For individuals who have served 85% of their sentence, they may be eligible for parole. Once an individual becomes eligible, the parole board reviews the case and takes a vote on granting parole. The individual may also be required to attend a hearing as part of the process. If approved, a parole certificate must be signed, a home must be verified, and the governor must review and sign off on the recommendation before it becomes official. All parole terms must be observed, or there may be penalties.
Contact Josh Lee & Associates Without Delay
If you have been charged with a crime that is subject to the 85% rule, you could be looking at a significant loss of freedom. Avoid delays and consult Josh Lee & Associates right away to determine how to fight the charges against you and get them reduced. Our team is highly strategic and works diligently to develop a sound defense strategy to get you the best possible outcome you may be entitled to under the law. To schedule a free consultation with our experienced team, contact us today.
