Hoeller McLaughlin PLLC | “3G Offenses” | Parole Consequences | Article 42A.054 of the Texas Code of Criminal Procedure

Accused of an “aggravated” 3G offense (now under Article 42A.054)? What does that mean? It simple terms, it means you have been charged with a serious felony offense (i.e. Aggravated Assault with a Deadly Weapon or Sexual Assault) that not only carries a high range of punishment, but it also carries additional collateral consequences that limit or eliminate your parole opportunities if you are sentenced to the Texas Department of Corrections (TDC)(i.e. Prison) and limits your options in resolving your case in front of a Judge. Not only do they limit parole possibilities, these offenses also eliminate the ability for mandatory supervision release, which means that if you do not get approved for parole, than you will have to serve your entire sentence in prison.

What we offer in your Tarrant County 3G Defense:

1. EXTENSIVE TRIAL EXPERIENCE

Our firm has extensive trial experience in criminal and DWI defense. Our criminal defense attorneys and DWI lawyers have tried over 350 combined criminal trials, including 3g trials for sexual assault, aggravated assault, aggravated sexual assault, murder, capital murder, aggravated robbery, trafficking of persons, indecency with a child, and drug possession charges (note: not all drug charges are considered “3G” or aggravated for purposes of parole).

In addition, we have reviewed and successfully negotiated thousands of criminal charges in Tarrant County, Texas. This experience gives us the knowledge to advise our clients if they are getting the best outcome possible on their charge.

2. FORMER DWI PROSECUTORS IN TARRANT, DALLAS, AND HARRIS COUNTY

Our entire team at Hoeller McLaughlin PLLC are former Tarrant County prosecutors.  Being trained as a prosecutor gives us invaluable experience because we know exactly how the State of Texas will attempt to prosecute you on your criminal charges. This knowledge will allow our firm to build the best defense in fighting your criminal or DWI charge. Partner Colin McLaughlin is a former prosecutor in a specialized unit at the District Attorney’s Office that focuses on 3G sex offenses and Partner Hilary Wright is a former Chief Prosecutor in Tarrant County, Texas.

3. SUPERIOR KNOWLEDGE IN CRIMINAL LAW | BOARD CERTIFIED LAWYERS

In addition to be trained as former prosecutors, our criminal defense attorneys know the inside and out of each and every aspect of a police investigation and State prosecution, including criminal laws, proper police procedures, DNA and blood forensic evidence, and knowing exactly how the State plans to introduce evidence into trial.

Partners Colin McLaughlin and Hilary Wright are both Board Certified in Criminal Law by the Texas Board of Legal Specialization and all of our attorneys continuously attend criminal and DWI CLE seminars to make sure we are up to date on any change in the law.

For more serious aggravated cases, Partners Colin McLaughlin, Dustin Trammel, Hilary Wright, and Bryan Hoeller are also certified by the Courts to try cases up to capital murder charges, which requires a higher level of skills, courtroom experience, and CLE (continuing learning education).

4. HIGHLY RATED & AWARD WINNING FORT WORTH CRIMINAL DEFENSE ATTORNEYS

Our team has received over 300 5 star reviews on Google from our former clients.  In addition, our team has been recognized for their outstanding performance in criminal law.  Managing Partner Bryan Hoeller has been named a Texas Super Lawyer by Thomson Reuters for 2023, 2024, 2025, and 2026.  Lindsay Truly and Dustin Trammel were also both named Super Lawyers Rising Stars by Thomson Reuters for 2022, 2023, and 2024.  In addition to being Board Certified, Partner Colin McLaughlin was named a Top Criminal Lawyer in Fort Worth by Fort Worth Magazine for 2022, 2023, 2024, and 2025.  Board Certified criminal lawyer Hilary Wright is also President for the Texas Association of Specialty Courts.

What is a 3G Offense under 42A.054?

In Texas, “3G offenses” are a special category of felony offenses that are considered more serious than most.  The phrase “3G offense” originally came from Section 42.12(3)(g) of the Texas Code of Criminal Procedure.  On September 1, 2017, the Code was restructured, and the language in 42.12(3)(g) is now found in Article 42A.054 of the Texas Code of Criminal Procedure.  Despite the change, the term “3G offense” is still widely used today.

The consequences of a conviction for a “3G Offense” is rather harsh. Not only do most of offenses require lengthy prison terms (most are first degree felonies, with a range of punishment from 5-99 years or Life), but they also have additional consequences that can effect probation eligibility, mandatory release, and parole.

Main Consequence 1: Cannot Get Probation from Judge

First, if you are convicted of a 3G offense, a Texas District Judge cannot give probation (i.e. straight probation) after a jury trial.

Main Consequence 2: Parole Eligibility under Government Code 508.145 & Elimination of Mandatory Supervised Release under 508.149 

Second, if you are convicted of a 3G Offense, there are significant parole consequences.  If you are convicted of one of the listed Texas 3G offenses below, under Government Code 508.145, you will be required to serve at least half (with a minimum of two years) of your prison sentence. For example

  1. If you are sentenced to 2 years TDC on a 3G offense, you will have to serve the entire 2 years flat.
  2. If you are sentenced to 3 years TDC on a 3G offense, you have to serve at least 2 years before you are parole eligible.
  3. If you are sentenced to 4 years TDC on a 3G offense, you have to serve at least 2 years before you are parole eligible.
  4. If you are sentenced to 5 years TDC on a 3G offense, you will have to serve 2.5 years before becoming parole eligible.

In addition, there are some offenses like drug possession charges in a drug free zone (DFZ) under Section 481.134 of the Health and Safety Code (Controlled Substances Act), where you are not eligible for parole for 5 years. For example:

  1. If you are sentenced to 2 years TDC on a DFZ case = you have to serve 2 years flat.
  2. If you are sentenced to 3 years TDC on a DFZ case = you have to serve 3 years flat.
  3. If you are sentenced to 4 years TDC on a DFZ case = you have to serve 4 years flat.
  4. If you are sentenced to 5 years TDC on a DFZ case = you have to serve 5 years flat.
  5. If you are sentenced to 6 years TDC on a DFZ case = you have to serve 5 years before you are eligible for parole.

Finally, many of the offenses listed under 42A.054 are also listed in Government Code 508.149 (Aggravated Assault, Drug Free Zone Offenses, Indecency with a Child, Sexual Assault) that eliminates the ability to obtain mandatory supervised release, which means that if you do not get approved for parole, than you will have to serve your entire sentence.  Be careful because 508.149 includes other offenses as well that are not enumerated in 42A.054, which include:

  1. Aggravated Assault, 1st or 2nd Degree (Regardless of if there is a deadly weapon finding)
  2. Arson, 1st Degree
  3. Burglary of a Habitation, 1st Degree
  4. Robbery

What are the Texas 3G Offenses?

  1. Murder
  2. Capital Murder
  3. Aggravated Kidnapping
  4. Trafficking of Persons
  5. Continuous Trafficking of Persons
  6. Continuous Sexual Abuse
  7. Indecency with a Child
  8. Sexual Assault
  9. Aggravated Sexual Assault
  10. Injury to a Child or Disabled Individual if (1) the offense is punishable as a First Degree Felony, and (2) the victim of the offense is a child.
  11. Aggravated Robbery
  12. Burglary of a Habitation and the actor committed the offense with the intent to commit a felony under Section 21.02 (Continuous Sex Abuse of a Child), 21.1 (Indecency with a Child), 22.011 (Sexual Assault), 22.2021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct).
  13. Stalking
  14. Aggravated Promotion of Prostitution
  15. Compelling Prostitution
  16. Sexual Performance of a Child
  17. Possession or Promotion of Child Pornography
  18. Drug Cases under the Health & Safety Code where either (1) punishment is increased due to Use of Child in Commission of the Offense, or (2) the punishment is increased because the offense took place in a Drug Free Zone if the Defendant had been previously convicted under that Section.
  19. First Degree Manufacturing or Delivery Drug Charges under the Health & Safety Code involving Penalty Group 1B (i.e. Fentanyl).
  20. Any offense where a Deadly Weapon was used during the commission of the offense, or immediate flight from the commission of a felony offense under (c).
  21. Criminal Solicitation under Texas Penal Code Section 15.03 if the offense is punishable as a felony of the First Degree.

OUR STRATEGY IN FIGHTING YOUR TEXAS 3G CHARGE:

Have you been charged or accused of one of the Texas 3G offenses? Call Hoeller McLaughlin PLLC for a free 15 minute confidential consultation on new Tarrant County criminal cases to discuss the best strategy to defend your charge and protect your future.

Call today for help from an experienced Criminal Defense Lawyer – 817-334-7900.