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What are the 85% Crimes in Oklahoma? First degree murder as defined in Title 21 Section 701.7; Second degree murder as defined by Section 701.8; Manslaughter in the first degree as defined by Section 711; Poisoning with intent to kill as defined by Section 651;
This rule means that you have to serve 85% of your sentence before being eligible for parole. Because a life sentence in Oklahoma is considered 45 years, applying the 85% rule means you would have to serve 38.25 years before qualifying for parole.
In Oklahoma, not all life sentences are the same. There is a type of life sentence called life without the possibility of parole (LWOP). An LWOP means there is no option for you to request parole at any stage of serving your sentence.
Oklahoma law requires that a person serviving a prison sentence for particular crimes "shall be required to serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parole.
Oklahoma's 85% law means that perpetrators of sexual and violent crimes are required to serve not less than 85% of their sentence of imprisonment before they become eligible for consideration for parole.
With exception of certain crimes, sentencing in Oklahoma is determined by the judge who presides over your case. This is with respect to both state and federal statutory maximum and minimum requirements, as well as any aggravating or mitigating factors.
843.1 and 21 O.S. 843.3 must serve 85% of the sentence of imprisonment before being eligible for parole consideration or earned credits.