In Oklahoma, a crime is only legally classified as violent if it appears on the specific list in 57 O.S. § 571, regardless of how violent it may seem. A violent crime conviction means the governor must approve any parole, and the record cannot be expunged. A subset of violent crimes are designated as 85% crimes under 21 O.S. § 13.1, which require you to serve at least 85% of your sentence before parole eligibility.
Not every offense that involves physical harm is legally classified as a violent crime in Oklahoma. The state uses a specific statutory list to define what counts, and if your charge is not on that list, it is not considered violent under Oklahoma law regardless of the circumstances. Understanding where your charge falls and what that classification means for your sentence, your parole eligibility, and your record is one of the most important things you can know before your case is resolved.
At Jacqui Ford Law, our criminal defense team has defended Oklahomans against violent crime charges at every level. We can help you understand how these classifications affect your case and fight them effectively.
Violent Crimes Under Oklahoma Law
A large aspect of violent crimes that many people are misinformed about is the difference between a per se violent crime and a crime that can lead to registration on the Violent Offender Registry.
57 O.S. § 571 provides a list of crimes that are considered violent by their very nature. The list is inclusive, meaning if it’s not on the list, it’s not considered a violent crime. It covers any attempt, conspiracy, or solicitation to commit any listed offense, not just the completed crime itself.
The Violent Offender Registry under the Mary Rippy Violent Crimes Offender Registration Act at 57 O.S. § 593 is limited to the following 8 crimes:
- First degree murder
- Second degree murder
- Manslaughter in the first degree
- Shooting or discharging a firearm with intent to kill, use of a vehicle to facilitate the intentional discharge of a firearm, crossbow, or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm
- Assault with intent to kill
- Bombing
- Abuse, when determined necessary by the sentencing judge
- Any equivalent offense from another state, federal court, tribal court, or military court that is substantially similar to the crimes listed above
Being convicted of a violent crime under § 571 does not automatically trigger Mary Rippy registration. The Violent Offender Registry uses its own separate offense list under § 593, and whether your specific offense falls within that statute is a fact-specific question that requires careful legal analysis.
Possible Sentences and “85% Crimes”
As with most laws in the state of Oklahoma, sentencing for many violent crimes can vary dramatically. However, there are two main consequences that may result from a conviction of a violent crime:
- A conviction of a violent crime will not be eligible for parole granted solely by the Pardon and Parole Board. The Board can merely recommend parole, but it is the Governor’s ultimate decision.
- A conviction of a violent crime is not eligible for expungement (sealing of a past arrest) under Oklahoma law. This means that the best one can hope for in this instance would be for the Board to recommend parole and the Governor to grant it.
There is also a practical sentencing difference between violent and non-violent convictions. People convicted of violent crimes can earn a maximum of only 44 days per month of good-time credit in prison. People convicted of non-violent crimes can earn up to 60 days per month. This means violent crime convictions result in longer effective sentences even when the nominal sentence is the same.
Aside from these significant consequences, it can be difficult to provide definitive answers on prison sentences or other punishments for convictions of violent crimes. Some offenders may earn credit for “good-time” served, and others may be looked at favorably or disfavorably by the Parole Board or Governor.
What Is an “85% Crime” in Oklahoma?
An “85% crime” in Oklahoma requires all people convicted of these crimes to serve at least 85% of their sentence before they can become eligible for parole. Moreover, they are not eligible for “good-time” credit or any other type of credit that may have the effect of reducing the length of their sentence to less than 85% of the original punishment. Not every violent crime under § 571 is automatically an 85% crime. The 85% list is a separate and more specific category under 21 O.S. § 13.1. A charge can be violent without being an 85% crime, and that distinction can significantly affect plea strategy and sentencing outcomes.
To put it plainly: if you are sentenced to 10 years for an 85% crime, you must serve at least 8 years and 6 months before parole eligibility. No good-time credit, earned time, or any other mechanism can reduce the time served below that threshold.
Contact Jacqui Ford Law Today
In Oklahoma, there are a number of crimes that may be considered violent, including many that may not even seem violent on their face. These crimes can carry lengthy sentences, and depending on the offense, you may not be eligible for parole without the governor’s approval or may be required to serve at least 85% of your sentence before parole can even be considered.
Due to the seriousness of these offenses and the harsh punishments that come with them, it’s extremely important to have an experienced and qualified criminal defense attorney on your side that knows the nuances and complexities of Oklahoma law.
Jacqui Ford and D. Alex Palmer handle violent crime cases throughout Oklahoma City and the surrounding area. Contact our firm today for a free and confidential consultation.
Frequently Asked Questions About Violent Crimes in Oklahoma
1. What makes a crime “violent” in Oklahoma?
Oklahoma does not use a general definition of violence. Instead, 57 O.S. § 571 provides a specific list of offenses the legislature has designated as violent. If a crime is not on that list, it is not legally considered a violent crime in Oklahoma regardless of how it appears on its face. Jacqui Ford and D. Alex Palmer can tell you exactly where your charge falls.
2. Is every violent crime an 85% crime in Oklahoma?
No. Violent crimes under § 571 and 85% crimes under 21 O.S. § 13.1 are two separate categories that overlap but are not identical. A crime can be violent without triggering the 85% parole rule. Understanding which category your charge falls into is critical for assessing realistic sentencing outcomes. Contact Jacqui Ford Law to discuss what your specific charge means for your case.
3. Can a violent crime conviction be expunged in Oklahoma?
Generally no. Violent felony convictions are excluded from the most common expungement pathways under Oklahoma law, making a violent crime conviction one of the most permanent consequences a person can face. Whether any options remain depends on the specific offense and how your case was resolved.
4. Does a violent crime conviction affect parole eligibility in Oklahoma?
Yes, in two significant ways. First, parole for a violent crime conviction cannot be granted solely by the Pardon and Parole Board. The Governor must approve it. Second, if the offense is an 85% crime, you must serve at least 85% of your sentence before you can even be considered for parole.
5. Is domestic assault and battery a violent crime in Oklahoma?
Not under the § 571 statutory definition. Domestic assault and battery is typically a misdemeanor in Oklahoma and is not included on the violent crimes list. But it carries its own serious consequences and subsequent convictions can result in felony charges.
6. What is the Mary Rippy Violent Crimes Offender Registration Act?
The Mary Rippy Act under 57 O.S. § 593 requires people convicted of certain serious violent offenses to register on the Violent Offender Registry, similar to how sex offender registration works. The list of crimes that trigger registration is much shorter than the full § 571 violent crimes list, so being convicted of a violent crime does not automatically mean you have to register. Contact Jacqui Ford Law for a free and confidential consultation.
