How Oklahoma’s 85 Percent Rule Affects Prison Sentences

If you’re facing serious criminal charges in Oklahoma, you need to understand the 85 percent rule. This sentencing law drastically changes how much time someone actually serves behind bars. It’s not just about the sentence a judge hands down. It’s about how much of that sentence you’ll serve before even becoming eligible for parole consideration.

What the 85 Percent Rule Actually Means

The 85 percent rule is straightforward but harsh. If you’re convicted of certain violent crimes in Oklahoma, you must serve at least 85 percent of your sentence before you can be considered for parole. Not released. Just considered.

Let’s say someone receives a 20-year sentence for a crime covered by this rule. They’ll serve a minimum of 17 years before the parole board even looks at their case. There’s no getting around it. The math is simple, but the consequences are life-altering. This stands in sharp contrast to other crimes where inmates might become parole-eligible much earlier, sometimes after serving just a fraction of their sentence.

Which Crimes Fall Under The 85 Percent Rule

Oklahoma law applies this rule to specific violent offenses. According to Oklahoma Statutes Title 21, Section 13.1, the 85 percent requirement covers crimes including:

• First-degree murder
• Second-degree murder
• First-degree manslaughter
• Shooting with intent to kill
• Assault with intent to kill
• First-degree rape
• Forcible sodomy
• Child abuse murder
• Abuse of a vulnerable adult resulting in death

As an Oklahoma City criminal defense lawyer can share, all of these are serious crimes by the state’s standards. As a result, legislators decided that anyone convicted of the previously listed crimes needs to serve a lot more time before parole is even considered.

How This Differs From Standard Sentencing

For crimes not covered by the 85 percent rule, Oklahoma uses different parole eligibility guidelines. Many inmates become eligible for parole after serving just one-third of their sentence. Some qualify even earlier, depending on the offense and their behavior while incarcerated.

The 85 percent rule eliminates that possibility. It’s a mandatory minimum that applies regardless of good behavior, rehabilitation efforts, or changed circumstances. You can’t earn your way out of it through prison programs or exemplary conduct.

The Impact On Plea Negotiations

Understanding the 85 percent rule becomes incredibly important during plea negotiations. When prosecutors offer a deal, you’re not just looking at the length of the sentence. You’re calculating actual time served.

A 15-year sentence for a crime under the 85 percent rule means serving roughly 12.75 years minimum. Compare that to a 15-year sentence for a crime not covered by this rule, where someone might be paroled after five years. Same sentence length on paper, drastically different reality. At Lai & Turner Law Firm PLLC, we make sure our clients understand these distinctions before making any decisions about plea agreements.

Parole Eligibility Doesn’t Mean Automatic Release

Here’s something that catches people off guard. Even after serving 85 percent of your sentence, you’re only eligible for parole consideration. The parole board can deny your request. They can make you serve your entire sentence if they choose.

Factors the parole board considers include:

• Your conduct while incarcerated
• Participation in rehabilitation programs
• The nature of your original offense
• Risk to public safety upon release
• Opposition from victims or their families

Nothing is guaranteed, even after you’ve served the vast majority of your sentence.

Why This Matters For Your Defense Strategy

When you’re facing charges that fall under the 85 percent rule, your defense strategy needs to account for this reality. Sometimes fighting for a reduction to a lesser charge that doesn’t carry the 85 percent requirement makes more sense than risking trial on the original charge. Other times, the facts support going to trial. But you need to understand what’s at stake.

The 85 percent rule doesn’t leave much room for error. Which is why having an experienced Oklahoma City criminal defense lawyer involved early in your case matters so much. The decisions you make now about how to proceed, whether to accept a plea offer, or whether to go to trial, will affect the next several years or decades of your life. Getting clear, honest advice about what you’re facing helps you make informed choices rather than decisions based on hope or misunderstanding.