What is a Third Degree Felony Texas?
Felonies are categorized as four types in Texas. These are State Jail Felony, Third Degree Felony, Second Degree Felony, and First Degree Felony.
What is a Third Degree Felony?
A Third Degree Felony is defined in Penal Code Section 12.34 and is the second lowest level of felony in Texas. It is an offense that is punishable by 2 to 10 years in Texas.
What is the Punishment for a Third Degree Felony?
Under Texas Penal Code Section 12.34, a third degree felony is punishable by:
- Imprisonment in the Texas Department of Criminal Justice for 2 to 10 years. This means that if you are sentenced to prison time, your minimum term of imprisonment will be 2 years.
- A fine of up to $10,000. This means a fine does not have to be imposed, but if one is imposed it cannot exceed $10,000. However because you also have to pay court costs to the court, the actual amount you pay for fines and court costs could exceed $10,000. This fine limit also does not apply to things like probation fees or restitution.
- Possible combination of both imprisonment and fine
Enhancement to Repeat and Habitual Offender Status
A third degree felony charge can be enhanced to a more serious offense if you have prior prison trips:
- Repeat Offender: If you have bene to prison once before, your third degree felony can be enhanced to a second degree felony (2-20 years)
- Habitual Offender: If you have two prior felony convictions, your punishment range increases to 25-99 years or life in prison
Probation Options in Texas
Jury Probation
You may be eligible for jury probation if:
- You have never been convicted of a felony in Texas or any other state
- You file a sworn motion before trial requesting jury probation
- The jury finds you guilty and sentences you to 10 years or less
Judge Probation
A judge may grant probation if:
- The sentence imposed doesn’t exceed 10 years
- You have no prior felony convictions
- The offense didn’t involve a deadly weapon or serious bodily injury
Deferred Adjudication
Deferred adjudication may be available through a judge (never a jury) if:
- You plead guilty or no contest
- The judge believes deferred adjudication is in the best interest of society and the defendant
- The offense is not one that prohibits deferred adjudication by statute
Common Third Degree Felonies in Texas
Some frequently charged third degree felonies include:
- Possession of 1-4 grams of controlled substances
- Driving While Intoxicated (3rd offense)
- Assault on a Public Servant
- Stalking
- Retaliation
- Terroristic Threat against a Public Servant
Why Choose Varghese Summersett for Your Defense?
If you’re facing third degree felony charges in Tarrant, Dallas, Harris, or Fort Bend County, here’s why you should contact Varghese Summersett immediately:
- Extensive Experience: Our attorneys have handled hundreds of third degree felony cases across Texas’s major metropolitan areas
- Strategic Defense: We understand enhancement provisions and can develop strategies to avoid them
- Probation Expertise: We have significant experience in securing both regular probation and deferred adjudication for eligible clients
- Local Knowledge: Our firm has established relationships with local prosecutors and understands how different counties handle these cases
- Proven Track Record: We have successfully defended numerous clients against third degree felony charges
Contact Us Today
Time is critical in felony cases. The sooner you contact Varghese Summersett, the better we can protect your rights and build your defense strategy. Call us for a confidential consultation to discuss your case and understand your options.
Learn more about our teams: