Convictions involving assaults, specifically family violence, carry a heavier price than many other convictions. Among the most important price is eligibility for parole early. The Texas Department of Criminal Justice has a “severity” chart that emphasizes offenses involving assault, even those you may not first think would count. For example, TDCJ considers Online Solicitation of a Minor an “assault” offense even though that offense does not involve physical contact. While not all of these offenses themselves are “3g” offenses for the purpose of parole eligibility, they are the offenses that very often contain a “deadly weapon” finding, which also impacts parole eligibility.
The TDCJ severity chart can be found at https://www.tcjs.state.tx.us/wp-content/uploads/2019/08/Offense-Severity-Scale.pdf
“3g” Offenses for Determining if you can Parole Early
The “3g” offenses belonged to the now repealed section 42.12. However, the “3g” section of that statute now lies in section 42A.054 with much of the same language. This statute limits a Judge’s ability to grant community supervision. For the purposes of getting parole early, however, this list serves to limit when the inmate becomes eligible for parole.
The “3g” Offenses, for purposes of parole, are:
- Criminal Solicitation (of an offense punishable as a 1st degree felony)
- Murder
- Aggravated Kidnapping
- Trafficking
- Some Trafficking of Persons
- Indecency with a Child
- Sexual Assault
- Aggravated Sexual Assault
- Injury to a Child (if punishable as 1st degree)
- Aggravated Robbery
- Certain Burglar
- Aggravated Promotion of Prostitution
- Compelling Prostitution
- Sexual Performance by a Child
- Certain Possession Cases
For purposes of getting parole early, any offense involving a deadly weapon also falls into this category. Organized crime also falls into this category.
In circumstances involving the offenses or other factors mentioned above, the “waiting” period is the lesser of 1/2 the sentence or 30 years. However, the minimum term before becoming eligible is 2 years. Tex. Gov’t Code section 508.145(d).
For most other cases, however, the waiting period is the lesser of 1/4 of the sentence or 15 years. Tex. Gov’t Code 508.145(f)
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