Texas Criminal Defense Legal Glossary

Texas criminal defense terms, statutes, and concepts defined. Each term links to its full DefinedTerm schema across our site.

Penalty Group

Texas H&S Code §§ 481.102-481.105 classification of controlled substances by abuse potential. Groups 1, 1-A, 1-B (fentanyl), 2, 2-A, 3, and 4 each have distinct weight tiers.

Article 38.23

Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.

Aggregation

Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.

3g Offense

CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility. Includes capital murder, murder, aggravated sexual assault, aggravated robbery, and other violent offenses.

Pretrial Diversion

Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).

Deferred Adjudication

CCP Article 42A.101 — defendant pleads guilty/no contest, judge defers finding of guilt and places defendant on community supervision. Successful completion results in case dismissal.

Expunction

CCP Chapter 55 — complete erasure of arrest record. Available after acquittal, dismissal, no-bill, or successful Class C deferred adjudication.

Nondisclosure

Government Code § 411.0735 — sealing of criminal record from public view. Available after successful Class A/B deferred adjudication completion.

ALR Hearing

Administrative License Revocation hearing under Transportation Code Chapters 524 and 724. 15-day deadline to request after DWI breath/blood test refusal or failure.

Motion to Revoke (MTR)

CCP Article 42A.751 — State motion to revoke community supervision based on alleged violation.

Motion to Adjudicate

Same as MTR but for deferred adjudication — if granted, judge can impose any sentence within original offense range.

Castle Doctrine

Texas Penal Code § 9.31(a)(2)(B) — presumption of reasonable use of force against intruders in habitation, vehicle, or workplace.

Stand Your Ground

Texas Penal Code § 9.32(c) — no duty to retreat anywhere defendant has a legal right to be.

Information Gain

SEO concept — original, citable insights in content. The dominant ranking signal after Google's March 2026 core update.

BAC

Blood Alcohol Concentration. Texas DWI per se threshold is 0.08 (general drivers), 0.04 (CDL), and any detectable amount for under-21.

Penalty Group 1-B

Fentanyl and analogs scheduled separately under Texas H&S § 481.1122. HB 6 (2023) makes fentanyl delivery causing death first-degree felony murder.

Felony Murder

Texas Penal Code § 19.02(b)(3) — death caused during commission of felony other than manslaughter. No intent to kill required.

Sudden Passion

Texas Penal Code § 19.02(d) — punishment-phase mitigation reducing murder to second-degree felony when passion arose from provocation.

Insanity Defense

Texas Penal Code § 8.01 — affirmative defense that defendant, due to severe mental disease/defect, did not know conduct was wrong.

Mens Rea

Mental state element. Texas Penal Code § 6.03 defines four culpable mental states: intentionally, knowingly, recklessly, criminally negligently.

About the Authors

Njeri London

Co-Founding Partner

Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar

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Reggie London

Co-Founding Partner

Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets. Verify on Texas Bar

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