Accused of a 3G offense in Texas? What does the offense mean? 3G is not just legal jargon. It is a category of felonies that are more grave than others and with severer penalties upon conviction. A conviction for an offense under this classification means you are ineligible for formal probation unless the jury recommends it after the trial, and you must serve a minimum of half your prison sentence to qualify for parole. If you face a charge for a 3G offense, you must understand how it affects sentencing rules to build effective defenses and secure a favorable verdict.

Legal Definition of Texas 3G Offenses

The number and the letter forming “3G” originate from the Texas Criminal Procedure Code 42.12 (3) (g). Subsection (3)(g) of the law lists all the crimes that are severely punished upon conviction. In September 2017, the Code was restructured to Article 42A.054, moving the crimes listed under Subsection (3)(g). Even after restructuring, these offenses still maintain the name 3G.

Judges have the discretion to impose the relevant sentence for an offense based on the case’s factors and the criminal record. Nevertheless, for 3G offenses, judges follow rigid rules requiring a mandatory prison sentence and no parole unless one serves more than half of the sentence. The severity of the 3G offenses is what led to the stringent punishment, aimed at severely punishing offenders and protecting the community.

Examples of 3G Felonies

3G felonies are deemed serious and violent, which explains the harsh penalties when you are found guilty. The offenses include:

Texas PEN 19.02 murder

Murder refers to the intentional taking of someone else’s life. It is also defined as knowingly inflicting serious physical injuries on a person and engaging in an action that endangers human life, causing death in the process. Taking someone’s life while committing or attempting to engage in a felony also amounts to murder.

Texas PEN 19.03 capital murder

Capital murder is a less serious offense than murder. Both offenses involve causing the death of another person; capital murder has aggravating circumstances that cause the court to impose life imprisonment or the death penalty when a defendant is found guilty. When you are convicted of capital murder, you will face life imprisonment without parole. Murder can lead to life imprisonment, but convicts are eligible for parole.

The aggravating circumstances that make authorities deem murder as capital include:

  • Causing the death of a peace officer

  • Causing death during a felony

  • Murdering several people

  • Receiving payment or a promise of payment to kill another party

  • Intentionally causing the death of a child younger than 10

Apart from homicide and capital murder, other 3G crimes include:

  • Texas PEN 20A.02 human trafficking

  • Texas PEN 22.011 sexual assault

  • Texas PEN 43.25 sexual performance

  • PEN 29.03 aggravated robbery

  • PEN 20.04 aggravated kidnapping

  • PEN 481.134 drug crimes

  • PEN 21.11(a)(1) child indecency

  • PEN 22.04(A)(1) causing first-degree injuries to a child

  • PEN 30.02(D) burglary of habitation

  • PEN 43.05 compelling prostitution

  • PEN 22.021 aggravated sexual assault

Any felony offense involving the use of a deadly weapon also falls under this category. The use of a lethal weapon acts as an enhancement. Therefore, even if your crime would not typically fall under the 3G category, if the prosecutor demonstrates the use of a deadly weapon, the violation is elevated to a 3G offense. A deadly weapon refers to anything utilized during the commission of a crime that can cause death or significant bodily harm, such as a firearm, vehicle, or knife. If there is proof of exhibiting a deadly weapon, a non-3G felony is reclassified as a 3G. The victim of the crimes does not need to die or suffer serious physical injuries for the judge to conclude the use of a deadly weapon.

Difference Between 3G and Non-3G Offenses

3G offenses are classified separately from other felonies to enable judges to impose severe penalties. The features that differentiate the felonies from others are:

  1. Restriction for Probation Eligibility

Not all criminal charges result in a trial. Sometimes, the prosecutor and the defense attorney can negotiate a plea deal. In the agreement, the prosecutor seeks convictions, while the advocate advocates for more lenient penalties, such as probation rather than the entire prison term. Meanwhile, the prosecutor pursues a guilty plea, even if it is for a lesser offense.

Under the 3G offenses classification, a judge cannot grant straight probation during sentencing. This differs from other felony crimes, even the serious ones, where the law grants the court discretion to impose probation in place of a prison sentence on eligible candidates during a plea deal or guilty verdict. Straight probation or community service enables defendants to serve part of their prison sentence on community supervision instead of behind bars.

In 3G cases, the powers of the judges are restricted, as they cannot directly grant probation. Nevertheless, this restriction only applies to judges and not the jury. The jury must recommend community supervision during the trial for the judge to consider in sentencing; otherwise, you will serve time in prison.

Receiving a recommendation for probation from the jury can be a challenging experience. The conditions you must satisfy include:

  • You should plead guilty before the jury

  • You must not have any previous felony conviction record

  • The jury must be persuaded that confinement will not be meaningful and that you can safely reintegrate with the community.

  • The offense for which you seek probation must not include murder, indecency with a child younger than 14, sexual assault of a minor younger than 14, aggravated assault of a minor younger than 14, aggravated kidnapping for sexual trafficking of a minor younger than 14, human trafficking, sexual performance by a minor, specific drug-free zone crimes, and first-degree possession of PG1 controlled substances.

A jury recommended a probationary term that usually lasts for ten years, with strict supervision, increasing the risk of a violation. Also, it is challenging to request a jury for probation when they have heard the horrific details of your 3G offense. However, you can still take your chances, but you will need a competent criminal attorney to craft an effective legal strategy that the jury might be persuaded to consider.

Judges are restricted from giving straight community supervision during plea deals instead of confinement. Nevertheless, when your defense attorney requests a deferred adjudication or judgment, they can approve it. Deferred adjudication means that the judge postpones the entry of a guilty plea to allow you to enroll and complete a court-approved program. When you finish the program, the judge dismisses your charges. However, when you violate the terms of the program, the court imposes the initial penalties for the offense agreed on in the plea deal. If a plea deal involves a deferred adjudication and the sentence for the crime is no more than 120 months of incarceration, the judge has the authority to accept the deal.

  1. Securing Parole is Challenging

In non-3G offenses, defendants sentenced to prison incarceration can secure early release or parole after serving a quarter of their sentence or earn a given number of “good time” credits. It means that if you are serving a 20-year prison sentence, you may be eligible for early release after five years of your sentence.

Nevertheless, the law changes the rules when it comes to 3G offenses. When the court finds you guilty and sentences you to prison, you must serve half of the sentence before qualifying for parole. Even education and good behavior credits cannot earn you an early release before you have completed the time required by law. The strictness applied to 3G offenses demonstrates the government's serious treatment of them.

For instance, you are convicted of murder and sent to prison for thirty years. Because murder is a 3G offense, you will not qualify for an early release until you complete 15 years in prison.

Even when you are sentenced to a short prison term, such as four years, you must serve at least 24 months to be eligible for parole. The offenses that make you ineligible for parole until you have completed half of your prison sentence include felonies involving the use of deadly weapons, aggravated kidnapping, and aggravated sexual assault.

Serving half of your sentence does not mean that you will automatically qualify for release. It only allows you to request an early release, which is not guaranteed to be granted. Individuals serving a death sentence or life incarceration may never qualify for parole, even after serving more than half of their prison sentence.

  1. Harsher Sentences

Many 3G felonies are classified as first-degree violations, meaning they carry more severe prison sentences. You can be sentenced to up to 99 years in prison. Moreover, the judge may introduce mandatory minimum sentences or life imprisonment.

  1. Harder Plea Deals

With judges lacking the authority to grant community services in plea deals, the prosecutor knows that your plea deal options are limited. They will have an upper hand in the negotiations. You will be negotiating about the number of years you will spend in prison and not whether you will go to prison. Serving half of the prison sentence is non-negotiable.

However, do not accept just any plea deal that is brought to the table by the jury. When your defense requests a plea deal involving probation, they should have evidence to persuade the jury to impose favorable terms. If the deal is unfavorable, your attorney should be ready to take the case to trial and put up an aggressive fight to prevent a guilty verdict or for a charge reduction.

Defending 3G Offenses

If you are under investigation, have been arrested, or charged with a 3G offense, you must retain the services of a competent criminal defense attorney. 3G charges are serious, but they are not hopeless. The prosecutor holds the burden of proof and must show beyond a reasonable doubt that you committed the crime. Your attorney only needs to produce evidence or make arguments that make the jury or bench doubt whether you committed the crime. If the court doubts that you committed the crime, you will receive a favorable verdict.

The defenses your attorney will use depend on the specifics of your case and will vary from one 3G offense to another. The standard legal defenses include:

Contesting the Deadly Weapon Enhancer

Standard crimes like burglary are non-3G. However, when the prosecutor argues that you exhibited or utilized a deadly weapon and the court finds the accusation to be true, the burglary offense is classified as a 3G violation, whose conviction attracts harsher penalties than those of the standard burglary. When defending against a charge like this, your attorney will argue that it is not true that you utilized a deadly weapon. If you successfully challenge the enhancer or finding, the crime will be classified as non-3G, meaning even a conviction will lead to lesser penalties, which is a win.

Similarly, you can argue that the evidence used to support the deadly weapon enhancement is insufficient. Prosecutors can exaggerate the charges to create fear by arguing that your crime has a deadly weapon find and thus should be categorized as 3G. In some instances, they might not have the evidence to support the accusation. If your attorney can prove insufficient evidence, the charges will be non-3G.

Applying Affirmative Defenses

An affirmative defense justifies your actions. One of these defense strategies is self-defense, defense of others, or property. The law allows you to utilize reasonable force to repel a threat. In particular cases like murder, utilizing deadly force could still be deemed as reasonable. You can apply reasonable force when an individual attacks you, commits a crime, threatens a crime against you, or illegally enters your property. Defending another person from an imminent threat of harm is also justified if you reasonably believe the party requires your immediate help.

The case’s facts determine the perception of the force utilized. If a reasonable individual under similar circumstances would have applied the same force, the court will consider your actions as self-defense.

The self-defense strategy will work if you are not the aggressor and the aggressor’s actions require the use of deadly force to repel them.

When using the self-defense strategy, you require a seasoned attorney to make the arguments on your behalf. The reason is that you will be admitting to having committed the crime if you invoke the self-defense strategy. Moreover, you must prove the elements of self-defense, which the prosecutor will challenge. A seasoned criminal attorney is required to successfully prove these elements and counter the prosecutor’s arguments for a fair verdict.

Arguing Mistaken Identity

3G offenses are usually violent or serious. During these horrific moments, victims are left in shock and might not be in a position to identify the attacker or perpetrator positively. If you resemble the physical description of the attacker, the victim could easily misidentify you as the person who committed the crime. If you are not careful, you could end up with a wrongful conviction for an offense you did not commit.

However, when you have a competent attorney, they will conduct an independent investigation into the alleged offense to show how the crime happened. Using the information, they will argue that you could not have committed the crime because you were not in the said location during the offense. The attorney will need an alibi to support the argument. If you were in a different location when the crime happened, then you could not have been responsible.

Negotiating a Favorable Plea Deal

When the facts of the case are against you and the chances of a favorable verdict in the trial are slim, your attorney can negotiate a fair pre-trial deal. Details of 3G cases are often horrifying, making it difficult to request a jury trial for a plea deal. However, do not let this discourage you. Your attorney can use a mitigating specialist to share your life story and show that you are human after all, and not the animal the charges paint you to be. The specialist will explain your childhood, the traumas you have experienced growing up, substance addiction, mental disorders, and the positive contributions you have made in the community. Bringing up this information shows your human side, and the jury could be more likely to recommend probation.

Negotiating a plea deal means pleading guilty to an offense in exchange for a lenient sentence. Even if you serve the sentence, it will be less stringent than that of the original crime, which amounts to a fair verdict. A favorable ruling does not always mean a charge dismissal. It could result in a charge reduction for a non-3G crime or less severe penalties.

Find a Competent Criminal Defense Attorney Near Me

A charge for a 3g offense comes with harsher penalties, delayed parole, and limited probation. You need a legal representative to advocate for your rights, as a conviction could result in life-changing consequences. At Andrew Deegan Criminal Attorney at Law, we will analyze your case and help you navigate the nuanced criminal justice system. Our attorneys will begin building evidence immediately to facilitate early negotiations with the prosecutor.

Contact us today at 817-689-7002 to learn about the differences between 3G offenses and other felonies, as well as the most effective defense strategies to pursue for a fair verdict in Fort Worth, TX.