In Oklahoma for a run of the mill felony that results in a prison sentence an inmate is allowed to accrue credits for service and good behavior that will result in early release or parole after one-third (1/3) of the sentence in calendar days has been served. For example, a sentence of nine (9) years in the custody of the Oklahoma Department of Corrections will, absent some complicating factor, result in release after three (3) years with the sentence fully discharged. With the exception of being supervised by a DOC probation officer for 9-12 months the inmate has no further non-financial obligations with regard to his sentence.
A complicating factor, though, is the 85% crimes list. An 85% crime is one for which 85% of the time an inmate is sentenced to serve in the custody of the Oklahoma Department of Corrections must be actually served before any allowance is made for good behavior or service credits. This makes the same penalty much harsher than it otherwise would be.
Here are the 85% crimes in Oklahoma as set forth in 21 O.S. §13.1:
- Murder in the First Degree
- Murder in the Second Degree
- Manslaughter in the First Degree
- Poisoning with Intent to Kill
- Shooting with Intent to Kill
- Assault with Intent to Kill
- Conjoint Robbery
- Robbery with a Dangerous Weapon
- Robbery in the First Degree
- Rape in the First Degree
- Arson in the First Degree
- Burglary in the First Degree
- Any crime against a child as set forth in 21 O.S. §843.5
- Forcible Sodomy
- Child Pornography or Aggravated Child Pornography
- Child Prostitution
- Lewd Molestation of a Child
- Abuse of a Vulnerable Adult Resident of a Nursing Facility
- Aggravated Drug Trafficking
- Aggravated Assault and Battery upon any Person Defending Another Person from Assault and Battery
- Human Trafficking
The requirement that a defendant must serve no less than 85% of the time assigned at sentencing prior to release works in conjunction with the sentence enhancement schemes to make the punishment more severe.
These are all considered very serious crimes and the prosecutors treat these charges very seriously. A person who pleads guilty to any of these crimes can generally expect little mercy from the Court although maximum sentences are still not common in most cases. The thread generally linking all these crimes is that they are not mere property crimes and the successful completion of the crime results in substantial loss and damage to human life. The outlier is aggravated drug trafficking which involves possession of a very substantial amount of contraband drugs which only indirectly affect human life and usually require the consent of the "victim" to do any damage.
When someone is charged with any of these crimes they face many problems among which is usually a high bail amount along with an implicit, but heavy assumption of guilt by most actors in the justice system. The assumption of guilt is legally wrong but practically unavoidable, but every defendant has the right to make the State test the evidence against them.
If you need someone to help you or a loved one charged with an 85% crime call a criminal defense lawyer at (405) 310-9890 for a free consultation.