What Is A 3G Or Aggravated Offense In Texas?


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.

 

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