In Texas, a felony is a serious crime that can lead to significant time in prison and steep fines. A 3rd degree felony in Texas is one level of felony offense, and this article provides an overview of what that means, including potential punishments, factors that can enhance the sentence, and possible defenses.
What’s a third degree felony?
Texas Penal Code Section 12.34 defines the punishment someone might face if they’re convicted of a third degree felony.
In Texas, a third degree felony is considered the second-lowest level of felony offense.
Punishment Guidelines
If convicted of a third degree felony in Texas, you could face:
- A prison sentence in a Texas Department of Criminal Justice facility for between 2 and 10 years.
- A fine of up to $10,000.
Can the sentence get worse?
Yes, particularly for repeat and habitual offenders.
- Repeat Offender: If you’ve been convicted of felonies before, a third-degree felony can become a second-degree felony. That means the sentence could increase from 2-10 years to 2-20 years.
- Habitual Offender: If you have two or more prior felony convictions, you could be looking at 25-99 years, or even life in prison.
Probation options
Texas law allows for probation in some third-degree felony cases. Here are the usual routes to probation:
Jury probation
To be eligible for jury probation, you must never have been convicted of a felony in Texas or any other state. You’ll have to file a sworn motion before trial and get a jury to find you guilty and sentence you to 10 years or less.
Judge probation
To have a judge grant you probation, your sentence can’t be more than 10 years, and you must have no prior felony convictions. Also, your offense must not have involved a deadly weapon or serious bodily injury.
Deferred adjudication
In certain cases, the judge can choose to defer adjudication.
What are some examples of third-degree felonies?
In Texas, common examples of third-degree felonies include:
- Possession of a controlled substance (between 1 and 4 grams)
- Driving while intoxicated (third offense)
- Assaulting a public servant
- Stalking, retaliation, and making terroristic threats
Conclusion
Third-degree felonies in Texas come with serious consequences. However, the specifics of each case can change the outcome. If you or someone you know is facing this type of charge, it’s essential to understand the potential penalties, enhancements, and options for probation.