The law divides crimes into two main categories: misdemeanors and felonies. Felonies are the more serious crimes, and they’re further broken down by degree, which affects the severity of the punishment a person might face if convicted.
A third-degree felony falls in the middle of the spectrum. It’s not as serious as a first- or second-degree felony, but it’s still a serious offense with life-altering consequences.
This article will give you a complete overview of what a 3rd degree felony is, including common examples, the penalties you might face, and possible defense strategies. If you’re facing charges, it’s important to speak with an attorney who can help you understand your rights and options.
What is a third-degree felony?
A third-degree felony is a specific category of crime that carries a defined set of penalties. While it’s a serious offense, it’s not considered as severe as a first- or second-degree felony.
It’s important to remember that laws regarding felony classifications are determined at the state level, so the exact definition and examples of third-degree felonies can vary from state to state.
Third-degree felonies in Florida
In Florida, a third-degree felony comes with significant consequences. You can find the specific legal definitions in the Florida Statutes.
Third-degree felonies in Texas
In Texas, a third-degree felony is the second-lowest level of felony offense. The Texas Penal Code Section 12.34 provides more details on the specifics.
Common examples of third-degree felonies
To give you a sense of the kinds of crimes that are considered third-degree felonies, here are a few examples from Florida and Texas law. Keep in mind that this isn’t a complete list, and laws can change over time.
Examples in Florida
In Florida, crimes that can result in a third-degree felony charge include:
- Grand theft of property worth $750 to $20,000
- Aggravated assault
- Resisting arrest
- Felony battery
- Child abuse or neglect
- Possession of controlled substances (except for marijuana and some prescription meds)
- Bribery
- Aggravated stalking
- Leaving the scene of an accident
- Driving under the influence (DUI) that causes serious bodily injury in a crash
- Forgery
Examples in Texas
In Texas, a third-degree felony could arise from:
- Drug possession (1 to 4 grams)
- A third offense of driving while intoxicated (DWI)
- Assaulting a public servant
- Stalking
- Retaliation
- Making terroristic threats against a public servant
Penalties for Third-Degree Felonies
The penalties for a third-degree felony vary depending on the state where the crime was committed. Here’s a look at what you might expect in Florida and Texas.
Penalties in Florida
In Florida, a third-degree felony conviction can land you in prison for up to 5 years. You could also be assessed a fine of up to $5,000.
However, the actual sentence you receive will depend on a sentencing scoresheet that takes into account factors like the nature of the offense, your prior record, how the crime affected the victim, and any aggravating or mitigating circumstances.
Penalties in Texas
The stakes are a little higher in Texas. A third-degree felony conviction there can mean imprisonment for anywhere from 2 to 10 years, plus a fine of up to $10,000.
And it gets worse for repeat offenders. In Texas, if you’re a repeat offender, your charges can be bumped up to a second-degree felony, which carries a sentence of 2 to 20 years. If you’re considered a habitual offender with two prior felony convictions, you could be looking at 25 to 99 years, or even life imprisonment.
Probation as an Alternative to Incarceration
In both Florida and Texas, probation is a possibility instead of prison time. If you’re granted probation, you’ll be required to meet certain conditions, such as reporting to a probation officer, attending counseling, performing community service, paying restitution to the victim, and completing anger management or domestic violence classes. You may also have to comply with DUI classes, restrictions on travel, GPS monitoring, and even a period of confinement.
Legal defenses and potential outcomes
If you’ve been charged with a third-degree felony, you might be wondering what your legal options are and how to achieve the best possible outcome.
The importance of legal representation
One of the most important steps you can take is to hire an experienced criminal defense attorney. The legal system is complicated, and an attorney can help you navigate it.
Possible defenses
Depending on the specifics of your case, there may be several potential defenses available to you. If there isn’t enough evidence to convict you, or if there were procedural errors in your arrest or investigation, or if your constitutional rights were violated at any point, your attorney may be able to get the charges against you dismissed or reduced.
In other cases, your attorney may be able to negotiate a plea bargain with the prosecution, where you plead guilty to a lesser charge in exchange for a more lenient sentence.
Withheld adjudication
In some instances, a judge may agree to withhold adjudication, which means that even though you’re found guilty, a formal conviction isn’t entered on your record.
Pre-trial diversion programs
Depending on the circumstances, you may be eligible for a pre-trial diversion program. If you successfully complete the program, the charges against you may be dismissed altogether.
How does a third-degree felony compare to other felonies?
Felony crimes are classified by degree, with the first degree being the most serious and carrying the harshest penalties. Here’s a quick look at how third-degree felonies stack up.
First-degree felonies
These are the most serious crimes, like murder, kidnapping, and aggravated assault. In Florida, a first-degree felony is punishable by a prison sentence of up to 30 years. (Texas penalties vary.)
Second-degree felonies
These crimes are serious, too, but not quite as severe as first-degree felonies. Examples include arson, manslaughter, and some types of robbery. In Florida, you could face up to 15 years in prison for a second-degree felony. (Texas penalties vary.)
State jail felonies (Texas)
In Texas, state jail felonies are considered less serious than third-degree felonies. These crimes often involve property offenses or drug possession, and the penalties are less severe than those for a third-degree felony.
Frequently Asked Questions
How serious is a 3rd degree felony in Texas?
A third-degree felony in Texas is a serious offense, carrying significant legal consequences. It’s considered less severe than a first or second-degree felony but more serious than a state jail felony or misdemeanor. The penalties can significantly impact a person’s life, so it’s crucial to understand the potential ramifications.
What are the potential penalties for a 3rd degree felony in Texas?
If convicted of a third-degree felony in Texas, you could face a prison sentence ranging from 2 to 10 years. In addition to imprisonment, a fine of up to $10,000 may also be imposed. The specific penalties will depend on the details of the case and the defendant’s criminal history.
What are some examples of 3rd degree felonies in Texas?
Examples of third-degree felonies in Texas include certain types of theft, such as stealing property valued between $2,500 and $30,000. Other examples include certain drug possession charges, such as possessing between 1 and 4 grams of certain controlled substances, and intoxicated assault.
Can a 3rd degree felony be reduced to a lesser charge?
It’s possible for a third-degree felony charge to be reduced to a lesser charge through plea bargaining or negotiation with the prosecution. This depends on factors such as the strength of the evidence, the defendant’s criminal history, and the willingness of the prosecutor to negotiate. It’s best to consult with a criminal defense attorney to explore your options.
Putting It All Together
It’s important to remember that even though a third-degree felony is less serious than a first- or second-degree felony, the charges are still serious. If you’re convicted, you could face significant penalties and long-term consequences that affect many areas of your life.
If you’ve been charged with a third-degree felony, it’s essential to seek legal counsel as soon as possible. A skilled attorney can explain the charges against you, build a strong defense, and protect your rights throughout the legal process.
Understanding the charges, the potential penalties, and the available defenses is critical for navigating the legal system, so don’t wait to find an experienced lawyer to help you.