Felony Third Degree Texas

Texas 3rd-Degree Felony

Felony charges are serious and can have long-lasting impacts on your life. In Texas, there are three degrees of felony charges, with third-degree felonies being the least severe but still carrying significant consequences. If you or someone you know is facing a third-degree felony charge in Texas, it’s important to understand the details of the charge and the potential consequences. In this post, we will dive deep into what a felony third-degree is, what the possible penalties are, and what to expect during the legal process. We will also provide some tips for finding the right legal representation to help guide you through this difficult time. With this information, you can better understand what you are up against and make informed decisions about your legal strategy.

Felony Levels in Texas

Depending on the severity of the crime and a person’s prior convictions, they can be charged with either a felony or misdemeanor. Here, we’ll take a look at the different levels of felonies in Texas and how they relate to each other.

State Jail Felony

A state jail felony is the lowest-level felony in Texas and generally applies to offenses such as theft, forgery, and drug possession. These types of offenses will usually result in sentences ranging from 180 days to two years in prison, followed by possible probation.

Third Degree Felony

Third-degree felonies are more serious than state jail felonies and include offenses like burglary of a habitation, aggravated assault, and trafficking of controlled substances. Sentences for these crimes may vary greatly depending on the circumstances, but generally start at two years in prison and can go up to ten years imprisonment. In addition to prison time, those convicted may also face hefty fines, restitution payments, and lengthy probation periods.

Second Degree Felony

A second-degree felony is seen as a more severe offense than a third-degree felony. Examples of offenses that may incur this charge include intoxication manslaughter, injury to an elderly individual, and sexual assault. The punishments for these crimes may range from two to 20 years in prison, and in some cases even longer. Offenders may also be required to complete community service hours or attend counseling in addition to spending time behind bars.

First Degree Felony

The most serious offenses such as murder, kidnapping, and aggravated robbery will likely lead to a first-degree felony conviction. This type of offense could result in anywhere from five to 99 years in prison, followed by extended parole periods after release. Those convicted of first-degree felonies may also be subject to further fines and restitution orders due to the severe nature of their crime.

Overview of felony third-degree in Texas

Third-degree felonies are significantly more serious than misdemeanors, which are usually punishable by fines and short jail terms. However, they are less serious than second-degree or first-degree felonies, which carry stiffer sentences such as life imprisonment or even the death penalty.

Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

The penalties for a third-degree felony can range from 2 to 10 years in prison and/or a fine of up to $10,000. Additionally, if the offense is considered particularly severe, an individual could face life imprisonment. Furthermore, the conviction of a third-degree felony can also result in the loss of civil rights and privileges such as voting, owning firearms, and serving on a jury.

Examples of Texas 3rd-Degree Felonies

Felony third-degree in Texas is typically associated with non-violent crimes, such as white-collar crimes, theft, and drug possession. It is important to note that any offense classified as a felony is a very serious matter and should be taken seriously. Here are some examples of third-degree felonies in Texas.

Aggravated Assault

Aggravated assault is a third-degree felony in Texas. This crime involves causing bodily injury to someone else with a deadly weapon or with the intent to commit a serious felony. In addition, it is also considered aggravated assault if the perpetrator causes serious bodily injury or uses a date rape drug against another person.


In Texas, burglary is classified as a third-degree felony. This crime involves entering a building or vehicle without the owner’s consent with the intention of committing a felony or theft inside. Even if no property is stolen and no crimes are committed while inside the building, the mere fact of entering it unlawfully can still be charged as a third-degree felony.


Under Texas law, arson is considered a third-degree felony offense. Arson occurs when someone intentionally sets fire to an inhabited structure, vehicle, or property. Depending on the circumstances, this crime can be punished with up to 10 years in prison and a maximum fine of $10,000.

Evading Arrest

Evading arrest is a third-degree felony offense in Texas. This crime occurs whenever someone intentionally avoids arrest by fleeing from police officers after being ordered to stop or submit to arrest. Anyone found guilty will face imprisonment for up to 10 years and may have to pay a fine of up to $10,000.

There are numerous examples of felony third-degree crimes that can result in serious legal consequences if you are found guilty in the state of Texas. Some more common examples include:

Penalties for a 3rd-degree Felony conviction in Texas

The penalties for a third-degree felony conviction in Texas can be severe and life-changing. If convicted, you could be facing:

  • a sentence of 2 to 10 years in prison
  • a fine of up to $10,000
  • or both

Additionally, you may be required to complete probation once you are released from prison, which can also come with its own set of restrictions and requirements.

A felony conviction can also have long-lasting effects on your personal and professional life. It can make it difficult to obtain employment, housing, or even financial aid for education. You may also lose certain civil rights, such as the right to vote or own a firearm.

Defenses for Third-degree Felony charges

When charged with a third-degree felony in Texas, it’s important to understand the defenses that may be available to you. While each case is unique and requires a thorough analysis of the facts, there are a few common defenses that may be used.

No Criminal Intent

One defense is to prove that you had no intention of committing a crime or intended only to do something legally permissible. For example, if charged with theft, an individual could potentially show that their actions were merely miscommunication between parties.

Lack of Evidence

If there is insufficient evidence presented in the case, it could lead to an acquittal or dismissal from the charges. Having a lawyer present to thoroughly review the evidence is key to building a defense.

Affirmative Defenses

Affirmative defenses can provide immunity from criminal liability in some cases. Examples include self-defense or insanity defenses. It’s important to consult a lawyer to determine if any affirmative defenses may apply in your case.

Mistaken Identity

This happens when the defendant is identified incorrectly by witnesses or victims. It may be possible for an attorney to challenge the accuracy of the identification and reduce or eliminate any potential criminal liability.

The best way to successfully defend against third-degree felony charges is to enlist the help of an experienced criminal defense attorney who will guide you through the legal process and fight for your rights. With the proper defense, it may be possible to reduce or eliminate any potential criminal liability.

What to expect during the legal process

If you’re facing a third-degree felony charge in Texas, it’s important to understand what to expect during the legal process. The process can be confusing and overwhelming, which is why it’s essential to have an experienced criminal defense attorney on your side.

  1. The first stage of the legal process is arraignment, where you will be formally charged with a third-degree felony. At this stage, you will have the opportunity to enter a plea of guilty, not guilty, or no contest. Your attorney can advise you on the best course of action based on the circumstances of your case.
  2. After the arraignment, there will be a series of pretrial hearings where your attorney can negotiate with the prosecution to try and reach a plea bargain or a lesser charge. If a plea bargain cannot be reached, the case will proceed to trial.
  3. At trial, the prosecution will present evidence against you, and your attorney will have the opportunity to present a defense on your behalf.
  4. If you are found guilty, the sentencing phase will begin. The punishment for a third-degree felony in Texas can range from 2-10 years in prison and up to a $10,000 fine. Your attorney can work to minimize your sentence and explore alternative sentencing options, such as probation or community service.

How to navigate the criminal justice system

Navigating the criminal justice system can be a complex and overwhelming process, especially if you are facing felony charges. It is important to have a clear understanding of the legal process and your rights as a defendant.

Hire an experienced criminal defense attorney who can provide you with legal advice and representation throughout the legal process. Your attorney can guide you through the criminal justice system and provide you with information on plea bargains, sentencing guidelines, and potential outcomes of your case.

Another important aspect of navigating the criminal justice system is understanding the different stages of the legal process. This includes the arraignment, pre-trial, trial, and sentencing stages. Each stage has specific procedures and deadlines that must be met in order to ensure your rights are protected and the process remains fair.

Understand the potential consequences of a felony conviction, including imprisonment, fines, and a criminal record that can impact your future employment opportunities and personal life. Your attorney can help you understand the potential outcomes of your case and work to minimize the negative consequences.

Overall, navigating the criminal justice system can be challenging, but having a knowledgeable and experienced criminal defense attorney on your side can make a significant difference in the outcome of your case.

Importance of hiring an experienced criminal defense attorney

If you or someone you know is facing a felony third-degree charge in Texas, it’s important to understand that the consequences can be severe. A felony conviction can lead to fines, prison time, and a permanent criminal record that can make it difficult to find employment, housing, and other opportunities in the future.

When facing such a serious legal matter, it’s crucial to hire an experienced criminal defense attorney to help navigate the legal system and protect your rights.

An experienced attorney understands the nuances of the law and can identify any weaknesses in the prosecution’s case. They can also negotiate with the prosecutor to reduce charges or negotiate a plea bargain.

An attorney can prepare a strong defense strategy, gather evidence, and interview witnesses to build a case in your favor. They also represent you in court and argue on your behalf.

Having an experienced criminal defense attorney by your side can make all the difference in the outcome of your case. Don’t risk your future by navigating the legal system alone. Hire an attorney who has the knowledge, experience, and dedication to fight for your rights and protect your future.

Plea bargains and alternative sentencing options

When it comes to felony third-degree offenses, plea bargains and alternative sentencing options may be available for defendants. A plea bargain is an agreement between the defendant and the prosecutor that allows the defendant to plead guilty to a lesser charge in exchange for a reduced sentence. It’s important to note that not all prosecutors offer plea bargains, and not all defendants are eligible for one.

Alternative sentencing options, such as probation, community service, or rehabilitation programs, may also be available for those facing felony third-degree charges. These options can be beneficial for defendants who want to avoid serving time in jail or prison, and they can also be helpful for those who want to address any underlying issues that may have contributed to their criminal behavior.

However, it’s important to understand that alternative sentencing options may not be available for all felony third-degree charges. The availability of these options may depend on the specific circumstances of the case, including the defendant’s criminal history, the severity of the offense, and the discretion of the judge.

Taking action and seeking legal guidance.

Felony charges can have serious and long-lasting consequences for anyone who is convicted. If you or someone you know is facing a third-degree felony charge in Texas, it’s important to take action and seek legal guidance immediately. Understanding the charges and potential consequences is the first step in building a strong defense and protecting your rights.

Remember, a felony conviction can result in fines, jail time, loss of voting rights, and other consequences that can impact your life for years to come. By working with an experienced criminal defense attorney, you can ensure that your case is given the attention and care it deserves.

Don’t wait until it’s too late to seek help. With the right legal guidance, you can navigate the complexities of the criminal justice system and work towards a positive outcome. Whether you are facing a felony charge for the first time or have prior convictions, there is always hope. Take action today and protect your future.

We hope this guide on understanding Felony Third Degree in Texas has been informative and helpful. The legal system can be complex, and it’s important to have a good understanding of the charges you or someone you know may be facing. With this knowledge, you’ll be better equipped to make informed decisions and navigate the legal system more confidently. Remember, our team is always here to help you with any legal questions or concerns you may have. Thank you for reading, and stay safe!