The 85% Rule in Oklahoma means that individuals convicted of certain violent offenses and other serious felonies are required to serve at least 85% of their sentence before they are eligible for parole consideration or earn credits that can reduce time spent behind bars. Because this law can have a considerable impact on someone’s time served, those facing qualifying felony offenses should understand how this rule works. The following blog explores what you should know about this rule and why it’s critical to connect with an Oklahoma City felony defense lawyer who can help represent you in these matters.

How Does the 85% Rule Work?

The 85% rule is imposed by the state of Oklahoma and dictates how much of a convicted criminal’s sentence they must serve before they are eligible for parole. The law surrounding this matter states that those convicted of certain offenses cannot serve less than 85% of their sentence. This is to ensure those who commit what are considered heinous crimes serve the large majority of their time behind bars.

What Does the Oklahoma 85% Rule Mean?

  • A person convicted of an eligible offense must serve at least 85% of their sentence
  • This rule impacts eligibility for parole and certain factors that can result in a reduced sentence
  • The rule does not automatically increase the sentence imposed by the court
  • The sentence itself is determined by the judge or jury in accordance with Oklahoma law
  • The law only applies to specific felony offenses recognized by Oklahoma law

Why Does Oklahoma Have the 85% Rule?

  • The law is designed to increase the amount of time served for certain felony and violent offenses
  • It is designed to reflect Oklahoma’s truth-in-sentencing approach
  • The law was implemented as a means of limiting early-release opportunities
  • The goal is to promote accountability and public safety

What Crimes Does This 85% Rule Apply To?

It’s important to understand that only certain offenses are required to serve 85% of their sentence before they are eligible for parole. Generally, these offenses are violent or sexual felony offenses that involve violent conduct, serious bodily harm, sexual offenses, or crimes that lawmakers have determined warrant enhancement penalties.

As such, if you are charged with any of the following, you should expect to serve 85% of the sentence if you are convicted:

  • First or second-degree murder
  • First-degree manslaughter
  • Use of a deadly weapon with the intent to kill
  • Robbery with a dangerous weapon
  • First-degree rape
  • Child abuse, neglect, or exploitation
  • Human trafficking
  • Bombing
  • First-degree arson
  • Lewd molestation of a minor

Because laws in Oklahoma are subject to change, the specific list of qualifying offenses should be reviewed under the current statute.

How Can the 85% Rule Impact a Criminal Case in OKC?

The 85% rule can significantly impact plea negotiations, sentencing decisions, and the overall penalties of a criminal sentence. As such, understanding if a charge qualifies under the rule is imperative when exploring your legal options.

Considerations for Defendants

  • A lengthy sentence can require considerably more time served
  • Plea negotiations can focus on whether or not the charge warrants the 85% Rule
  • A conviction can significantly impact employment opportunities
  • Families can face significant emotional and financial hardship
  • Understanding sentencing consequences early in a case is imperative

Common Misunderstandings About the 85% Rule

  • The rule does not mean that a person will only serve 85% of the sentence
  • The rule is not applicable to every felony offense
  • The rule does not determine guilt or innocence
  • The rule generally impacts parole eligibility and release calculations
  • The judge determines the sentence within applicable legal guidelines

What Should I Do if I’m Facing an 85% Rule Crime?

If you are facing a felony offense of a violent or sexual nature, it’s important to do everything you can to fight for a more favorable outcome. The most important thing you can do during these times is to connect with an experienced felony defense attorney. They will examine the circumstances of your case to determine the best course of action for your specific situation. For example, they may be able to craft a defense to help you beat the charges against you. Additionally, they may negotiate a plea deal with the prosecutor to lessen the charges against you.

How Can a Defense Lawyer Help?

  • Analyze if the offense against you qualifies under the 85% rule
  • Dispute improperly obtained evidence
  • Investigate the witnesses in the prosecution’s case
  • Negotiate plea agreements, if appropriate
  • Explain potential sentencing consequences

Contact an Experienced Criminal Defense Attorney Today

When you’re in legal trouble, you shouldn’t delay receiving legal representation. The sooner you connect with an attorney, the better, as they can help ensure our rights are protected throughout the entire legal process. At the Jones Firm, PLLC, we understand how complicated these matters can be, which is why we are dedicated to fighting for those charged with crimes in Oklahoma. Connect with us today to discuss the circumstances of your case.