March 06, 2014
There are more than twenty enumerated crimes in the Oklahoma Statutes known as “85% crimes.” These are all very serious crimes, and persons convicted of one or more of these offenses face significant time in prison. This post is dedicated to explaining the 85% crimes, and the consequences they carry.
Title 21, Section 13.1 of the Oklahoma Statutes sets forth the 85% crimes.
85 Percent of What?
Any person sentenced to prison time for one or more of the crimes listed above will serve at least 85% of their prison sentence before becoming eligible for consideration for parole. For example, if you are convicted of First Degree Robbery and sentenced to serve 10 years in prison, you will serve, day for day, at least 85% of your 10 year sentence (8.5 years) before becoming eligible for consideration for parole. This also applies to a sentence of time in county jail for any one of the crimes listed in Title 21, Section 13.1.
No Earned Credits Allowed
If sentenced to prison time on an 85% crime, a person is not eligible for earned credits or any other type of credits that would reduce the length of their sentence to less than 85% of the prison sentence imposed. After serving 85% of his or her prison sentence, the person becomes eligible to receive earned credits. The earned credits framework in the Oklahoma Department of Corrections is commonly referred to as “levels.” The different levels are as follows:
If someone is charged with an 85% crime, he or she needs to retain an experienced criminal defense attorney as soon as possible. In some cases, it may be possible for a diligent defense attorney to negotiate an agreement with the State to amend an 85% crime to a crime that does not require a person to serve a minimum percentage of their sentence before becoming eligible for consideration for parole or to receive earned credits.
As always, if you have further questions regarding this topic, please post your inquiry and I will do my best to answer it. If you have a suggestion for next week’s topic, let me know!