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Today we'll discuss second-degree felonies, their potential punishments, and what qualifies as a second-degree felony. However, the term "3G offenses" stuck and is still widely used in Texas. Please fill out an online contact form and an attorney will contact you shortly. There are certain offenses that cannot, however, be probated, and they are called 3g offenses (because they are located in Section 3g of the Code of Criminal Procedure 42:12). Some Trafficking of Persons. Probation amounts to being supervised while out in the community instead of serving a sentence in jail.
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It is helpful to appreciate how Texas theft laws work, but legal representation is critical regardless of whether you were arrested for a misdemeanor or felony robbery. There used to be an affirmative defense for a Defendant who in good faith reasonably believed the Complainant to be 18 years of age of older but this defense no longer exists. As with any criminal matter, there are certain facts that the prosecutor must establish to obtain a conviction for robbery. Once we review your circumstances, we can advise you on the next steps. To schedule a free case evaluation and legal consultation with a Houston criminal defense attorney, please call us at (832) 314-3232 or contact us online to learn more about how we could assist you. Because 3G offenses are those which the legislature and the courts have determined to be the most dangerous or violent, they are punished more harshly. The prosecution needs to show that the defendant intentionally or knowingly caused bodily injury to another person or placed someone in fear of immediate harm. 3G Offenses in Texas. The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. Further, the attorney should present evidence that absent the intoxication the defendant is not the kind of person that would commit the crime. What is a 3G Offense? If the convicted person receives a sentence of less than four years, they must still serve a minimum of two years before they are eligible for release on parole. The keystone of robbery is the violence or threat of violence. Indecent contact with a child.
There are certain sexual offenses for which judge-granted probation is not an option. W hile, if you can afford it, a Texas parole lawyer can assist in preparing and presenting the packet. If you get a 3-year sentence, you have to do 2, because it's never less than 2 calendar year. Any felony where a deadly weapon is used or exhibited during the commission of the crime or during the flight from the crime–Deadly weapon includes any firearm or other device designed to cause death or serious bodily injury or capable of doing so. If a person is convicted of an offense that is not considered 3G, they become eligible to be considered for parole when their actual time served plus any good conduct time accrued either in prison or the county jail equals one-fourth (¼) of the sentence imposed or 15 years, whichever is less. The inmate's best strategy is to cooperate with officials, be courteous to guards, avoid other inmates to the extent possible, take classes if offered, and participate in rehabilitation courses if available. Or if the defendant has been sentenced to 70 years in prison, the defendant will be eligible for parole after he or she has served 30 years. Robbery is a very serious crime in Texas that is closely related to both Theft and Assault.
The prosecution must prove the complainant was 13 years old or under at the time of the alleged offense. The 80th Legislature established greater penalties making an Aggravated Sexual Assault doubly so. As we repeatedly point out in our articles, the parole process in Texas isn't like it is in other states. Without a background in law, you cannot take advantage of defenses and strategies for fighting the charges. So this is a serious issue that must be dealt with at the trial court level. When Can You Get Parole in Texas? On the other hand, you can be charged with burglary of habitation if you're asked to leave and don't do so, especially if you then commit theft or assault. Drug offenses committed within 1, 000 feet of a school, youth center, or playground or on a school bus when the defendant has previously been convicted of a similar offense.
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Often [but not always] a judge will view family members as having received only general statements of abuse whereas subsequent statements to adults outside the family, such as school counselors, will cause the court to rule that the counselor as the outcry witness. But, if the defendant does violate any of the conditions the court will find the defendant guilty and sentence the defendant according to the conditions of the deferred adjudication. Sexual Performance by a Child. Today, the code has been restructured and 3G offenses are actually found elsewhere in the code. It is very rare for someone to be put on probation rather than prison.
Burglary of a home (i. e., while the accused intends to commit a felony). Call our team today to set up a free consultation in our Fort Worth office. Persons convicted of 3g offenses must serve more of it before becoming parole eligible. It is possible to request that an inmate be moved closer to family. Certain drug charges. Aggravated sexual assault against a child.
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Home Invasion Criminal Defense. 46 states that if you are charged with a second-degree felony offense and previously had a felony conviction, the state will enhance the charges to a first-degree felony. The difficulty is showing or proving that the child victim's extraneous allegations of abuse by others are false; a simple denial of abuse by the alleged perpetrator of the extraneous abuse is not sufficient evidence to permit the impeachment of the child complainant. Compelling Prostitution. The term home invasion can be used interchangeably with burglary of habitation. Often these robbery or aggravated robbery charges are coupled with Burglary of a Habitation charges. It carries a potential sentence of 5-99 years imprisonment, plus a $10, 000 fine and lifetime registration as a sex offender. Injury to a child (if offense is first degree felony). You may be able to reduce the charges from robbery to a misdemeanor theft crime, or from aggravated robbery to simple robbery. What does that mean? This statute limits a Judge's ability to grant community supervision. We need a valid reason, such as medical hardship on an older parent, and supporting medical records. Even though 3G criminal charges are felony charges in the State of Texas, you may still be able to assert one or more criminal defenses in response to one of these charges.
The thinking behind this is more that – by longer terms of probation sex offenders will be "managed" than that they will be "rehabilitated". James Luster has a substantial network of experts throughout Texas. If the building is uninhabited, it is a state felony. Thus we see that the child victim's videotaped statement may become admissible as a prior consistent statement to rebut a claim of "recent fabrication" under Texas Rule of Evidence 801(d)(1)(B).
Attorneys for Aggravated Robbery Sentencing. The Fort Worth lawyer handling your robbery charge needs to investigate every option for avoiding a conviction. The essential elements for a robbery conviction include: - Because robbery is a type of theft crime, there must be sufficient evidence that the defendant was committing the act of theft. This is why you can't be charged with burglary of a habitation for stealing something from someone on a sidewalk even if it is in front of their own home.
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