Parole Eligibility

If there is an affirmative finding that a deadly weapon was used during the offense, then that can affect the accused’s parole eligibility date if he/she is sent to prison.  If there is a deadly weapon finding, then the accused must serve a minimum of one half (1/2) of his/her prison sentence.  The legislature thought that a person who uses a weapon to commit a crime should be punished more harshly than a person who did not use a weapon to achieve their goal.

Over the years, the deadly weapon statute has been continuously expanded to engulf virtually any felony offense, included non-intentional offenses like DWI manslaughter and possession cases.