Tulsa, OK asked in Criminal Law and Constitutional Law for Oklahoma

Q: Is 85percent crime 21 O.S. 843.5(c) At the time of sentencing or on my plea of guilty summary of facts it said no

If it's not an 85% crime or if it is but at the time of sentencing they said it was not do I have action to get this sentence off of me

1 Lawyer Answer
David A. Cincotta
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  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be 85% has no bearing on how DOC will require the sentence to be served (arguably, the sentencing court exceeds its authority by ordering a sentence not to be 85%). So, I have no doubt that if you were ordered to serve any portion of your sentence with the Department of Corrections, your sentence will be treated as an 85% crime regardless of what it is in the sentencing order.

If you were not advised that the crime you plead guilty to was an 85% and the plea paperwork indicates it is not an 85% crime, you may be eligible for post-conviction relief. Because you were able to post this question online, it appears that you must have received probation. I strongly encourage you to discuss this matter with an attorney who is in a position to provide you legal advice (meaning you should contact an attorney directly and not rely on the answers to the question you posted here). There may be strategic reasons why you would not want to seek post conviction relief at this time, even if you are eligible.

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