TEXAS 3G OFFENSES | WHAT IS A 3G OFFENSE IN TEXAS?
Accused of a 3G offense (now under Article 42A.054)? What does that mean? We offer experienced criminal attorneys and former Tarrant County prosecutors who can provide the best defense in fighting your 3G charge. All of our criminal lawyers are former prosecutors with extensive experience fighting serious 3G charges. Our lawyers have tried over 200 combined jury trials, including trials for Aggravated Assault, Aggravated Robbery, Sexual Assault, Murder, and Capital Murder. Our goal is a dismissal or no bill of your 3G charge.
Hoeller McLaughlin PLLC represents clients on all types of criminal charges, including drug possession charges, DWI, marijuana charges, white collar crimes, gun and weapons charges, assault, murder, and violent crimes.
What is a 3G Offense? | Texas 3G Offenses | Article 42A.054 of the Texas Code of Criminal Procedure
In Texas, 3G offenses are a special category of felony offenses that are considered more serious than most. As a result, 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 and parole.
Main Consequence 1: Cannot Get Probation from Judge
First, if you are convicted of a 3G offense, a Texas Judge cannot give probation (i.e. straight probation) after a jury trial.
Main Consequence 2: Parole Eligibility
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, you will be required to serve at least half (minimum of two years) of your prison sentence. For example, if you are sentenced to 2 years on a 3G offense, you will have to serve the entire 2 years. If you are sentenced to 10 years on a 3G offense, you will have to serve 5 years before becoming parole eligible.
Why is it called a 3G Offense? | Article 42A.054 of the Texas Code of Criminal Procedure
The phrase “3G offense” 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.
What are the Texas 3G Offenses (Quick List)?
- Capital Murder
- Indecency with a Child
- Sexual Assault
- Aggravated Sexual Assault
- 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.
- Aggravated Kidnapping
- Trafficking of Persons
- Aggravated Robbery
- 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).
- Compelling Prostitution
- Sexual Performance of a Child
- Drug Cases 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.
- Any offense where a Deadly Weapon was used during the commission of the offense, or immediate flight from the commission of a felony offense.
- Criminal Solicitation 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 30 minute confidential consultation to discuss the best strategy to defend your charge and protect your future.
Call today for help from an experienced Criminal Defense Lawyer – 877-208-3382.