Houston Assault Charges Defense Lawyer


What Is A 3G Or Aggravated Offense In Texas?

Criminal Defense

I am often asked what an aggravated offense or 3g offense is and how it affects a defendant’s case and punishment. The term 3g gets its meaning from the Texas Code of Criminal Procedure Section 3g, the Limitation on Judge Ordered Community Supervision, or what is commonly known as probation.

The term 3g and “Aggravated”, for purposes of criminal law, are often used intertwiningly. When someone says aggravated they mean 3g, or when they say 3g they mean aggravated. So what does either mean?

The Code of Criminal Procedure lists a number of crimes where a judge cannot give probation. Because this section is codified as 42.12(g), the crimes listed are known as 3g offenses.

 It is important to note, that the judge can grant Deferred Adjudication in lieu of straight probation, for these crimes. However, a jury cannot recommend probation if they find a defendant guilty of one of these listed crimes.

The crimes listed in 42.12 3(g) are:

(A)  Section 19.02, Penal Code (Murder);                                      
(B)  Section 19.03, Penal Code (Capital murder);                              
(C)  Section 21.11(a)(1), Penal Code (Indecency with a
child);              
(D)  Section 20.04, Penal Code (Aggravated kidnapping);                       
(E)  Section 22.021, Penal Code (Aggravated sexual assault);                  
(F)  Section 29.03, Penal Code (Aggravated robbery);                          
(G)  Chapter 481, Health and Safety Code, for which
punishment is increased under:
(i)  Section 481.140, Health and Safety Code;  or                             
(ii)  Section 481.134(c), (d), (e), or (f), Health and Safety
Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections;  or
(H)  Section 22.011, Penal Code (Sexual assault);  or                         
(2)  to a defendant when it is shown that a deadly weapon as
defined in Section 1.07, Penal Code, was used or exhibited during
the commission of a felony offense or during immediate flight
therefrom, and that the defendant used or exhibited the deadly
weapon or was a party to the offense and knew that a deadly weapon
would be used or exhibited.  On an affirmative finding under this
subdivision, the trial court shall enter the finding in the
judgment of the court.  On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.

Additionally, there are parole consequences for a 3g or aggravated convicti0n. If you are convicted of an non-3g (non-aggravated) offense, you are eligible for release on parole when your actual time served  plus good conduct equals one-fourth of the sentence  imposed or 15 years, whichever is less.

If you are convicted of a 3g offense then you would not be eligible for release on parole until your actual calendar time served, without consideration of good conduct time, equals one-half the sentence or 30 calendar years, whichever is less, but in no event are you eligible for release on parole in less than two years.

 

Assault Family Violence Consequence

Criminal Defense | Family Violence

One of the many consequences of a conviction for Assault Family Violence is the restriction on the 2nd Amendment constitutional right to bear arms.

Often times a defendant will choose to plea guilty and receive deferred adjudication and assume or be given bad advice that  the case is not on their record. This is far from the case. In fact the case can be used in the future to enhance any future family violence charges to a felony.

As to the right to bear arms, under Title 18, United States Code, section 922(g), it is unlawful for any person to ship, transport, possess, receive or purchase any firearm or ammunition, the person has been convicted in any court of a misdemeanor crime of domestic violence. Further, it is unlawful under Texas Penal Code Section 46.04 for a person  convicted of the Class A Misdemeanor of Assault involving a family member to possess a firearm for a period of five years after release of confinement or community supervision.

The range of punishment for the Class A Misdemeanor of Assault is up to 180 days in jail and a fine up to $4,000.

If you or someone you know is need of Family Violence Attorney in Houston call Houston Assault Lawyer Mario Madrid at 713-877-9400.

Houston Man Charged With Injury To A Child

Criminal Defense

A Houston man has been charged with injury to a child according to this story. The man was arrested after being accused of beating his 8-month-old son so severely that he broke the child’s leg, hip bone, collar bone and both of his arms. Injury to a child is a felony offense.

The punishment level is determined by the injury to the victim and the culpable mental state. The man in this story was charged with intentionally and knowingly causing serious bodily injury which is a First Degree Felony. A First Degree Felony has a range of punishment of 5-99 years or life in prison and up to a $10,000.

The section of the Texas Penal Code where Injury to a Child is codified also includes the section on Injury to Elderly and Injury to Disabled. The statute is as follows:

Sec. 22.04.  INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:

(1)  serious bodily injury;

(2)  serious mental deficiency, impairment, or injury; or

(3)  bodily injury.

(a-1)  A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility:

(1)  serious bodily injury;

(2)  serious mental deficiency, impairment, or injury;

(3)  bodily injury; or

(4)  exploitation.

(b)  An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), (3), or (4) is conduct constituting an offense under this section if:

(1)  the actor has a legal or statutory duty to act; or

(2)  the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.

(c)  In this section:

(1)  “Child” means a person 14 years of age or younger.

(2)  “Elderly individual” means a person 65 years of age or older.

(3)  “Disabled individual” means a person older than 14 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect himself from harm or to provide food, shelter, or medical care for himself.

(4)  “Exploitation” means the illegal or improper use of an individual or of the resources of the individual for monetary or personal benefit, profit, or gain.

(d)  For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if he has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for a child, elderly individual, or disabled individual.  For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), (3), or (4), the actor acting during the actor’s capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, and medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility.

(e)  An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly.  When the conduct is engaged in recklessly, the offense is a felony of the second degree.

(f)  An offense under Subsection (a)(3) or (a-1)(3) or (4) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim.  When the conduct is engaged in recklessly, the offense is a state jail felony.

(g)  An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence.  An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), (3), or (4).

(h)  A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.

(i)  It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor:

(1)  notified in person the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); and

(2)  notified in writing the parents or person other than himself acting in loco parentis to the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); or

(3)  notified in writing the Department of Protective and Regulatory Services that he would no longer provide any of the care set forth in Subsection (d).

(j)  Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued.

(k)  It is a defense to prosecution under this section that the act or omission consisted of:

(1)  reasonable medical care occurring under the direction of or by a licensed physician; or

(2)  emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.

(l)  It is an affirmative defense to prosecution under this section:

(1)  that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy;

(2)  for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that:

(A)  there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and

(B)  the person:

(i)  was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title;

(ii)  did not cause a condition described by Subsection (a)(1), (2), or (3); and

(iii)  did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or

(3)  that:

(A)  the actor was not more than three years older than the victim at the time of the offense; and

(B)  the victim was a child at the time of the offense.

If you are someone you know is in need of the services of an Houston Injury to A Child Attorney call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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