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3G offenses and Parole

I often get asked, "what's a 3 g offense and how will it effect my ability to get probation or Parole eligibility?"

The types of 3g offenses can be found in the Texas Code of Criminal Procedure 42.12; and they are:
A. Murder
B. Capital Murder
C. Indecency with a child
D. Aggravated Kidnapping
E. Aggravated sexual assault
F. Aggravated robbery
G. Certain offenses in the Health and Safety Code
H. Sexual Assault
I. Injury to a child, elderly individual, or disabled individual
J. Sexual Performance by a child
K. Criminal Solicitation (if punishable as a first degree felony);
K2. Use of a deadly weapon was used or exhibited during the commission of a felony offense or during immediate flight.....
If you're dealing with a 3g offense, your options on punishment are severely limited.
Additionally, generally, you're going to have to serve at least 1/2 of your sentence or 30 years, whichever is less, but not eligible for release in less than 2 calendar years.
For example: Robbery vs. Aggravated Robbery.
The fellow charged with Robbery, is potentially available to take deferred adjudication or probation, and be ready for Parole as soon as 1/4 of his sentence (including time for good conduct) is complete ... not to bad.
However, the fellow charged with Aggravated Robbery, since this is a 3g offense, is stuck without the option for any type of probation from the judge, and won't be eligible for parole until at least 1/2 of the sentence, or 30 years, whichever is less, is complete.
If you're facing a 3g offense, the way you develop your legal strategy can be tricky, and you should talk to your lawyer immediately to find the best way to approach the situation so you can get back on your feet and keep moving forward in life.
Keep the questions coming, and I hope this helps.
Categories: Criminal Defense
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