What Are 3G Offenses in Texas?

In Texas, 3G offenses refer to a specific subset of serious felony offenses outlined in Section 42.12(3)(g) of the Texas Code of Criminal Procedure. These offenses carry harsh penalty restrictions, sentencing enhancements, and unique legal challenges. A 3G offense in Texas impacts not only sentencing but also eligibility for parole, often requiring defendants to serve at least half their prison sentence before becoming eligible for release.

Building a strong legal defense is critical if you or someone you know is facing a 3G offense. Our experienced attorneys can help you navigate these challenges and protect your rights.

Overview of 3G Offenses in Texas

3G offenses are considered very specific crimes involving violent or egregious conduct. These offenses often include the use of a deadly weapon or the targeting of vulnerable individuals, such as children. Convictions come with mandatory sentencing enhancements and severe restrictions on probation and parole eligibility.

Key Features of 3G Offenses

• No straight probation: Defendants convicted of a 3G offense are ineligible for straight probation from a jury trial. This means they must serve time in prison instead of probation.
• Parole restrictions: A person convicted of a 3G offense must serve at least half of their sentence before becoming eligible for parole. For certain crimes, parole eligibility might require even more stringent conditions.
• Sentencing enhancements: Certain sentencing enhancements may apply, such as increased penalties for using a deadly weapon while committing a crime.

List of 3G Offenses in Texas

The Texas Code of Criminal Procedure outlines 3G offenses, including enumerated criminal offenses linked to violent or harmful conduct. These include:

• Capital murder
• Murder
• Sexual assault and aggravated sexual assault
• Child sexual assault and indecency with a child
• Aggravated kidnapping
• Injury to a child or a disabled individual
• Aggravated robbery
• Trafficking of persons and human trafficking
• Sexual performance involving a child
• Burglary of a home (i.e., while the accused intends to commit a felony)
• Compelling prostitution
• Offenses where the accused uses a deadly weapon to commit the offense or while fleeing the scene of a felony offense
• Some instances of criminal solicitation
• Certain drug charges (involving large quantities or specific circumstances)

Using or displaying a deadly weapon during the commission of a crime automatically classifies the offense as a 3G offense. This includes not only weapons like firearms but also any object used in a manner capable of causing serious injury or death.

Defending Against a 3G Offense

Even though 3G criminal charges are felony charges in the State of Texas, you may still be able to assert one or more criminal defenses in response to one of these charges. After all, in a criminal case, the prosecution always has the burden of proving that the accused is guilty of committing the underlying offense beyond a reasonable doubt.

Defense strategies may include:

• Challenging the evidence: Identifying weaknesses in the prosecution’s evidence, such as insufficient proof of a deadly weapon or mistaken identity.
• Asserting affirmative defenses: Examples include self-defense, defense of others, or duress.
• Proving mistaken identity: Demonstrating that the accused was not involved in the alleged offense.
• Negotiating plea deals: An experienced attorney may negotiate reduced charges to avoid the severe consequences of a 3G conviction.

A successful defense could result in a dismissal of your criminal charge and/or of your entire criminal case. This is why choosing an experienced criminal defense attorney who understands Texas law and the Texas Code of Criminal Procedure is the key to your freedom.

Talk with a Houston Criminal Defense Lawyer Today

Being charged with a 3G offense in Texas is a serious matter that carries severe penalties, including mandatory prison time and strict parole restrictions. Whether you're facing charges for aggravated robbery, sexual assault, or other serious crimes, having a dedicated legal team on your side is critical to protecting your rights and your future.

At Turnbull Legal Group, we have 25+ years of experience in handling criminal offenses. Our team has a deep understanding of Texas law and is committed to providing you with a strong legal defense tailored to your case.

To schedule a free case evaluation and legal consultation with a Houston criminal defense attorney, please call us at (832) 314-3232 or contact us online to learn more about how we could assist you.