DOC sentencing works much different than time served in a federal prison or in a county jail. In Oklahoma, the length of a Department of Corrections (DOC) sentence can vary widely depending on the specific crime committed. Other factors like prior criminal history and how serious the crime is will impact they length and kind of DOC sentence a person serves. There are Oklahoma sentencing guidelines that must be implemented for each type of crime. Its critical that before you move forward with your criminal defense you understand exactly what the potential sentencing options are available to you.
What Are 85% Crimes in Oklahoma
In Oklahoma, the term “85% crime” refers to certain serious felony offenses for which individuals convicted are required to serve at least 85% of their sentence in the Department of Corrections (DOC) prison before becoming eligible for parole or other forms of early release. This policy was implemented to ensure that individuals convicted of certain violent or high-risk crimes serve a substantial portion of their sentences before being considered for release.
85% Rule Applies to A Certain Class Of Crimes
- Violent crimes: Crimes involving violence, including murder, manslaughter, rape, robbery, and aggravated assault, often fall under the 85% rule. This is the most important thing to consider when you go to trial or accept a lea deal. An 85% crimes can mean that if you are convicted the time at DOC can be as much 40% longer
- Certain drug offenses: Some drug-related offenses, particularly those involving trafficking or distribution of controlled substances, may also be subject to the 85% rule. Simple possessions cases are no longer felony offenses so DOC sentencing doesn’t apply to many possession cases. If on the other hand something about the case or the case has other violent aspects to it you may still face 85% DOC sentencing.
DOC Sentencing And Non 85% Crimes
In Oklahoma, the length of time an individual sentenced to the Department of Corrections (DOC) for a non-85% sentence will serve in prison can vary depending on several factors, including the specific offense, the length of the sentence, and the individual’s behavior and participation in prison programs. Non-85% sentences typically involve offenses that do not fall under the 85% rule, which means that individuals may have the possibility of earning good behavior credits and becoming eligible for parole or other forms of early release.
Getting Credit Towards Your DOC Sentence
- Good Behavior Credits: In Oklahoma, inmates can earn good behavior credits for complying with prison rules. They can also get time off for participating in rehabilitation programs, and demonstrating positive behavior. The reduction in time depends on DOC policy for the behavior they are rewarding. The time reduction can be expressed in terms of day day or some other increment decided by DOC itself.
- Parole Eligibility: Depending on the specific offense and the length of the sentence, individuals may become eligible for parole after serving a certain portion of their sentence. Parole decisions are typically made by the Oklahoma Pardon and Parole Board. The inmate makes application for the pardon and meets with the board. The board will review the inmates prior crimes and efforts towards rehabilitation demonstrated by the inmate.
- Sentence Length: The length of a non-85% sentence can vary widely, ranging from a few months to several years. This variable depends on the offense itself and may even look to the victims of the crime for their input.
- Mandatory Minimum Sentences: Some offenses in Oklahoma may have mandatory minimum sentences, which specify a minimum amount of time that must be served before becoming eligible for parole or release.
Tulsa Criminal Defense You Can Count On
How you are sentenced if you plea or are convicted can be the most important part of a criminal case in Oklahoma. If you reach the point in your case where jail is inevitable negotiating with the prosecutor is critical to your freedom. A seasoned criminal defense team understands how to mitigate bad facts and difficult law. This is done through skill and a relationship with the Judge and the prosecutor in your case. Persuasion of your facts and an understanding of your legal options helps get you the best results in what might be a difficult situation. Get a free consultation with the attorneys at Tulsa Criminal Defense Lawyers Law Firm today. Call 918.416.9358 or Click here to ask a Free criminal defense question.