85% Is the Minimum That They Must Serve
Video Transcribed:
What is an 85% crime? I’m Tulsa Criminal Defense Attorney James Wirth. And we’re talking about 85% of crimes and what that is. So it actually goes back to about the year 2000 and around that time, legislatures around the country were passing truth in sentencing laws.
Essentially, the concern was is that a jury would sentence somebody to a period of imprisonment without any idea how long they would actually serve before being released into the public. And there was a couple of concerns about that one, we want the jurors to have the necessary information so they can make a decision.
And two, the jurors see in the public that people are getting early parole, might actually be adding additional years onto the defendant’s sentences in order for them to serve more. Because they don’t believe that they’re going to serve the actual amount. So as part of the truth in sentencing in Oklahoma, and some other states, they passed laws related to how much they’re going to serve.
And that’s where in Oklahoma, we have 85% of crimes. And there’s a list of those crimes and it can be found under title 21, section 13.1, and just list them all out. And these are the more serious crimes, violent crimes.
And for those crimes, before a defendant can be released on parole, they must serve at least 85%, which is quite a bit more of the traditional one-third or now one-quarter of a sentence that must be served prior to being eligible for parole. In this case, it’s 85%. And that doesn’t mean that they will be released at 85%.
There could be a basis to deny that parole. But 85% is the minimum that they must serve. And that list of offense is anywhere from first-degree murder, second-degree murder, 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, first-degree robbery, first-degree rape, first-degree arson, first-degree burglary, bombing.
Any crime against a child provided in section 843.5. Forcible sodomy, child pornography, aggravated child pornography, child prostitution, lewd molestation, abuse of a vulnerable adult. I think that’s a new one that was added in recent changes to the law.
Aggravated trafficking, aggravated assault, and battery upon a person defending another from assault and battery, human trafficking. And what the statute provides is that for those offenses, the defendant shall be required to serve at least, or I’m sorry, not less than 85% prior to being eligible for consideration for parole. Those are 85% of crimes.
If you’ve got questions about that or a particular defendant, or how much time will be served, you’re going to want to talk to an attorney about that confidentially and specifically. If you need to speak with one of our Criminal lawyers in Tulsa go to makelaweasy.com.
