If no one was harmed in the commission of the crime (and the likelihood was low that anyone would have been harmed). Aggravated Robbery Sentencing in Texas State Courts. Motive for Robbery: Evidence of a defendant's mitigation for committing aggravated robbery may be important for sentencing. Probation or Deferred Adjudication on 3G Offenses. Second-Degree Felonies. However, if someone is found guilty at trial, and a judge decides on the sentence then a person cannot get probation. Stealing a car worth more than 2500 dollars is a felony in Texas. As such, you could be arrested for robbery if you use violence to obtain money, a vehicle, a bag or purse, or a wallet. In Texas, Failure to Stop or Report Aggravated Sexual Assault of a Child is a Class "A" misdemeanor, punishable by a fine of up to $4, 000, one year county jail time, or both such fine and jail time. If police engaged in any misconduct that violates your constitutional rights, the information they seize from you cannot be used in court. If you have been charged with committing a serious 3G criminal offense in Texas, it is essential that you retain an experienced attorney to represent you in your criminal matter as soon as possible. An examining physician may testify not that the child was abused but that the child's physical condition was consistent with the abuse described. However, you can't be charged with burglary if you're merely trespassing and had no ill intent. Even the photos in the file are universally awful since they will have been taken immediately after arrest or, more often, immediately upon being processed into the prison system.
There are numerous crimes which are classified as 3G offenses in the State of Texas. 2003) states that attempted sexual assault is not a 3G offense in Texas. These statements are considered "hearsay" in most circumstances. Your Galveston County criminal defense lawyer may also explore other defense options, such as: - In some cases, you may have grounds to have evidence thrown out. That means that a conviction can mean prison time, and the punishments range from two years to twenty years in prison. This is a very old rule recognized by Texas courts since 1870! Criminal solicitation for commission of a capital offense (if offense is first degree felony). It is an affirmative defense that the complainant and the person accused are not more than three years apart in age at the time of the alleged offense, plus the person accused was not required to register for life as a sex offender or had a "reportable" conviction or adjudication for certain types of sex offenses. For years, attorneys referred to the crimes listed in this section as "3G" offenses. Lack of intent or knowledge by the defendant. The Fort Worth lawyer handling your robbery charge needs to investigate every option for avoiding a conviction. Furthermore, burglary charges can be difficult to prove in other circumstances, so always consult with a good attorney rather than pleading guilty. Common second-degree felony charges include: Human trafficking.
2021 (Aggravated Sexual Assault), or 25. Crimes involving drugs include manufacturing or delivering controlled substances, possession with intent to deliver, and maintaining a drug trafficking place. Sexual performance by a child under 18 years of age. In general, it is at the discretion of the judge of the trial court to determine whether a child witness is competent to testify. Many people lump robbery into the many other types of theft offenses under state law. Burglary of habitation charges can arise from the illegal entry of almost any building with the intent to commit a serious crime. Taking into account the latest amendments by House Bill 8, all sexual assaults, indecency with a child and sexual performance by a child are 3g offenses. It is a second degree felony unless there are aggravating factors that make it a more serious offense.
Likewise, if you are convicted of a 3G offense, you will likely have to serve at least one-half of the prison sentence that is associated with your charge prior to your becoming eligible for parole. Do Not Wait to Consult with an Experienced Killeen Criminal Defense Lawyer. With regard to child abuse offenses, the 80th Legislature added a new section to the Penal Code defining a new offense of Continuous Sexual Abuse of Young Child or Children. Your probation officer will supervise you in accordance with the court's direction and will report back to the court regarding your performance (in relation to probation). Violation of the Texas state law and occurs when a defendant knowingly and intentionally is involved in an illegal and sexually based activity without the consent of the victim. Any felony in which a deadly weapon was used before, during, or after the crime. Please note that many other crimes can be considered as 3G offenses by adding a "deadly weapon" enhancement, as discussed below. If you were arrested for robbery, it is wise to retain a Galveston County criminal defense lawyer right away. RELATED READINGS: Probation versus Parole in the state of Texas. If the government succeeds in meeting its burden to prove guilt beyond a reasonable doubt, the next step in a robbery case is sentencing. 3G offenses, which are now listed in Article 42A. 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. A judge can, however, accept a plea bargain for deferred adjudication as long as the underlying sentence for the offense is 10 years or less. My lawyer also mentioned the outcry witness.
02: We have the burden of proof, by a preponderance of the evidence, that the defendant was not more than five years older than the victim or the youngest victim (if more than one); did not use duress and was not at the time required to register as a sex offender under Chapter 62, is a First Degree Felony and carries a minimum 25 year penalty. The trial court judges have broad discretion in determining who is the outcry witness. "3G" offenses are a special category of offenses that have specific sentencing rules that control how those offenses can be handled by the court. You cannot take a passive approach to your defense in these cases. Interfering with child custody. As we repeatedly point out in our articles, the parole process in Texas isn't like it is in other states. If convicted of a "3G" offense, in most cases, probation will not be an option, and you'll be required to serve at least half of your prison sentence before becoming eligible for parole. However, it must be shown that harm was done by the judge's abuse of discretion to have the ruling overturned.
Affordable representation; payment plans arranged in some cases. In Texas, a second-degree felony is considered quite severe and has a punishment range of no more than 20 years and no less than two years in the Texas department of corrections. A convicted felon is ineligible to vote in elections. Injury to a Child or Disabled Individual if (1) the offense is punishable as a First Degree Felony, and (2) the victim of the offense is a child. Still, when a prosecutor is in a very tough spot and lacks essential proof, you may be in a position to leverage plea bargaining. Instead, three voting members of the TBPP are appointed to consider the case (along with many others). Maximum security prisons are the most difficult. The burglary of habitation definition also includes public buildings, so a burglary arrest could happen if you're found in a public school and suspected of a serious offense.
Specifically, HB 1271 would have required TDCJ to apply good time credits to inmates convicted of 3(g) offenses –. 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. It establishes an aura of "truth" surrounding the allegations yet does not deal with the question of the identity of the perpetrator. She is also a national and state-wide lecturer on the law. A Texas judge is not allowed to give you a period of straight probation (following your jury trial) if you have been convicted of any 3G offense. 12(3)(g) is now found in Article 42A. There are a few degrees of Sexual Assault in Texas and charges may be increased to aggravated sexual assault if any of the following are included in the commission of a crime. If the deadly weapon is found to be true or pled true, then the 3G restrictions outlined above apply. According to Texas Code of Criminal Procedure 42. However, for a 3G offense, an individual is not eligible for parole until actual time served, with no allowance for good conduct credit, equals the lesser of 30 years or one-half of the original sentence. 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.
It carries a potential sentence of 5-99 years imprisonment, plus a $10, 000 fine and lifetime registration as a sex offender. With embezzlement, the offender does, at some point, have lawful possession or right to use the items for the benefit of another. Probation amounts to being supervised while out in the community instead of serving a sentence in jail. Getting the best possible aggravated robbery sentence may require the help of private investigators, psychologist, doctors, or other experts. The term 3G offense comes from section 3G of the Texas Code of Criminal Procedure. The statement is reliable based on time, content and circumstance. Here are a few of the potential situations that may apply to your situation.