If you’re facing a 3G offense charge in Texas, you’re confronting some of the most serious criminal allegations in the state. These offenses carry severe penalties, including mandatory prison time, limited parole eligibility, and restricted probation options.
The term “3G” originates from former Texas Code of Criminal Procedure Article 42.12(3)(g) and now falls under Article 42A.054 CCP.
At the Law Offices of Richard C. McConathy, we have successfully defended clients throughout North Texas for over 35 years. Don’t wait to secure legal representation – the stakes are too high.
Work with our experienced criminal defense lawyer in Dallas who understands 3G offense complexities and has the trial experience to protect your future.
What Is a 3G Offense in Texas?
A 3G offense refers to specific felony crimes outlined in Article 42A.054 of the Texas Code of Criminal Procedure.
These offenses are distinguished by special parole and probation restrictions that don’t apply to other felonies, including severely limited probation eligibility and extended minimum incarceration periods before parole consideration.
📌 These crimes, listed under Article 42A.054 CCP, are subject to harsher parole and probation rules than standard felonies.
List of 3G Offenses in Texas
Violent & Sexual Crimes
The most common 3G offenses fall into this category and include:
- Murder – Intentionally or knowingly causing the death of another person
- Capital murder – Murder with aggravating circumstances that may result in life imprisonment or the death penalty
- Indecency with a child – Sexual contact with a minor under 17 years of age
- Aggravated kidnapping – Unlawfully restraining someone with the intent to hold for ransom, use as a hostage, or facilitate another felony
- Aggravated sexual assault – Sexual assault committed under aggravating circumstances
- Sexual assault – Non-consensual sexual contact without aggravating factors
- Aggravated robbery – Robbery while using or exhibiting a deadly weapon or causing serious bodily injury
Crimes Against Vulnerable Victims
Texas law provides enhanced protection for children, elderly individuals, and disabled persons:
- Injury to a child, elderly, or disabled individual (first degree) – Intentionally or knowingly causing serious bodily injury or death
- Sexual performance by a child – Employing, authorizing, or inducing a child to engage in sexual conduct for visual material
- Compelling prostitution – Forcing someone into prostitution through coercion or control
- Trafficking of persons – Transportation or harboring of persons for forced labor or commercial sexual activity
Drug-Related 3G Offenses
Certain drug crimes qualify as 3G offenses when they involve:
- Drug-free zone enhancements – Drug offenses committed within 1,000 feet of schools, playgrounds, or youth centers
- Using a child in the commission of a drug offense – Employing minors in drug trafficking operations
- Penalty Group 1-B (fentanyl) manufacture/delivery – Large-scale fentanyl operations that pose extreme public danger
Deadly Weapon Enhancement
Any felony offense becomes a 3G offense if the defendant used or exhibited a deadly weapon during the commission of the crime. This enhancement transforms ordinary felonies into 3G offenses with dramatically different sentencing consequences.
How 3G Offenses Differ from Other Felonies
Probation Restrictions
For 3G offenses, judges cannot grant probation – only juries may recommend it under strict conditions outlined in Article 42A.056.
This contrasts with non-3G felonies, where judges routinely grant probation as part of plea agreements.
Parole Eligibility Rules
| Offense Type | Minimum Time Served Before Parole |
|---|---|
| 3G Offense | 1/2 of a sentence or 30 years (whichever is less), minimum 2 years |
| Non-3G Felony | 1/4 of a sentence or 15 years (whichever is less) |
| Life Sentence (3G, post-1993) | 40 years |
| Life Sentence (non-3G) | 20 years |
Hypothetical Example: A defendant sentenced to 20 years for aggravated robbery (3G offense) must serve at least 10 years before parole eligibility. The same sentence for burglary (non-3G) would require only 5 years.
Defendants must serve at least half their sentence (or 30 years for long sentences) before parole consideration.
Penalties for 3G Offenses in Texas
3G offenses carry the same basic sentencing ranges as other felonies, but with essential differences in actual time served:
| Felony Degree | Prison Sentence | Fine | Parole Eligibility |
|---|---|---|---|
| First Degree (3G) | 5-99 years or life | Up to $10,000 | After serving 1/2 sentence |
| Second Degree (3G) | 2-20 years | Up to $10,000 | After serving 1/2 sentence (minimum 2 years) |
| Third Degree (3G) | 2-10 years | Up to $10,000 | After serving 2 years |
Enhanced Penalties for Repeat Offenders
| Prior Convictions | Penalty Enhancement |
|---|---|
| Second felony conviction | Minimum sentence doubled |
| Third felony conviction | 25 years to life mandatory |
Collateral Consequences
Beyond prison time, 3G convictions result in:
- Loss of voting rights during incarceration
- Firearm possession restrictions for life
- Sex offender registration for applicable crimes
- Employment and housing limitations in numerous industries
Legal Defenses Against 3G Charges
Our experienced criminal defense team employs multiple strategies:
Evidence Challenges
- Questioning forensic evidence and the chain of custody
- Challenging witness credibility and identification procedures
- Investigating police misconduct or constitutional violations
Deadly Weapon Findings
- Contesting whether an object qualifies as a deadly weapon under Texas law
- Challenging evidence that a weapon was “used” versus merely present
Procedural Defenses
- Fourth Amendment violations during search and seizure
- Fifth and Sixth Amendment rights violations
- Prosecutorial misconduct or Brady violations
Charge Reduction Negotiations
- Negotiating to non-3G offenses when evidence permits
- Pursuing lesser included charges that avoid 3G consequences
Trial Strategy Considerations
- Jury trial versus bench trial analysis
- Punishment phase strategy to minimize sentencing
- Mitigation evidence presentation for reduced penalties
⚖️ Defense strategies include questioning forensic validity, witness reliability, and procedural compliance.
What to Do If You're Charged With a 3G Offense
If you’re facing 3G charges, take these immediate steps:
- Exercise your right to remain silent: Do not discuss your case with law enforcement. Anything you say can be used against you.
- Contact our attorney immediately: 3G charges require immediate legal intervention for proper case investigation and protection during questioning.
- Preserve important information: Document witness names, contact information, and any potential evidence that supports your defense.
- Avoid discussing your case: Don’t talk to family, friends, or cellmates about your charges. Jail calls are typically recorded.
Why Choose Our Texas 3G Defense Lawyers
When facing 3G charges, you need attorneys with proven experience in high-stakes criminal defense:
- 35+ Years of experience & board certification: Richard C. McConathy achieved Board Certification in Criminal Law and has handled thousands of serious felony cases since 2002, including 300+ “Not Guilty” or “Dismissed” results.
- Local court knowledge: We practice in Dallas County and 16 surrounding North Texas counties, providing intimate knowledge of local prosecutors, judges’ sentencing patterns, and effective defense strategies.
Time is critical when facing 3G charges. These cases require immediate investigation, evidence preservation, and strategic planning to achieve the best possible outcome. The penalties for 3G offenses are among the harshest in Texas law, designed to keep defendants incarcerated for years longer than typical felony charges.
If you’ve been charged with a 3G offense in Texas, contact us at 197-230-38867 today. Our experienced defense team is ready to fight for your rights and protect your future.
FAQs About 3G Offenses in Texas
How Did 3G Offenses Get Their Name?
The term “3G” comes from former Article 42.12, Section 3(g) of the Texas Code of Criminal Procedure. Though the law has been reorganized and is now found in Article 42A.054 CCP, legal professionals continue using “3G” as shorthand for these serious felony offenses with special parole and probation restrictions.
Can I Get Probation for a 3G Offense?
Probation for 3G offenses is extremely limited. Judges cannot grant probation for 3G charges – only juries may recommend it in very specific circumstances outlined in Article 42A.056 CCP. Even when a jury recommends probation, the court must find that the defendant has never been convicted of a felony and poses minimal risk to public safety.
What’s the Earliest I Can Get Parole for a 3G Offense?
For 3G offenses, you must serve half your sentence or 30 years, whichever is less, with a minimum of two years before becoming eligible for parole. This is double the time requirement for non-3G felonies. For life sentences imposed after 1993, you must serve 40 years before parole eligibility.
Can a Deadly Weapon Enhancement Be Removed?
Yes, in some cases. Our defense team can challenge whether an object legally qualifies as a deadly weapon under Texas Penal Code Section 1.07, or whether it was actually “used” or “exhibited” during the crime. Successfully removing the deadly weapon finding can convert a 3G offense back to a regular felony with standard parole rules.
Are All Violent Crimes Considered 3G?
No, not all violent crimes qualify as 3G offenses. For example, assault (without aggravating circumstances) and burglary are not 3G offenses, even though they may involve violence. Only specific offenses listed in Article 42A.054 CCP, or felonies enhanced with deadly weapon findings, qualify as 3G offenses.