How serious is a 3rd degree felony in Texas?

Asked by: Laron Christiansen  |  Last update: April 16, 2025
Score: 4.1/5 (74 votes)

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.

How bad is a third degree felony in Texas?

A third-degree felony is a serious charge in the state of Texas. A conviction can land you in jail for up to ten years. If you've been charged with a third-degree felony, there is no time to be idle.

Can you get probation for a 3rd degree felony in Texas?

Third Degree Felony Punishment – Texas Penal Code § 12.34

Depending on a person's criminal history and the circumstances of the charge, someone can also get community supervision (probation) or deferred adjudication. The length of probation for a 3rd Degree Felony is usually 2 to 10 years.

Can a 3rd degree felony be reduced in Texas?

Can a Third Degree Felony be Reduced in Texas? Yes, getting convicted of a 3rd degree felony charge can be reduced. Your lawyer can help you find underlying holes in the prosecutor's case against you during the plea bargain. For eg, the evidence could have been collected illegally, or the arrest wasn't made properly.

How much time does a felony 3 carry in Texas?

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.

What is a 3rd Degree Felony?

43 related questions found

Is a 3rd degree felony the worst?

In criminal law, a first-degree offense is the worst felony. It's worse than a second-degree offense, which is worse than a third-degree offense, and so on. So the higher the degree, the lesser the crime.

Do first time felony offenders go to jail in Texas?

So you could be sentenced to jail even if you have no prior record. However, the state of Texas has developed programs specifically for first-time criminal offenders to keep them out of jail and to keep the focus on rehabilitation.

What are the consequences of a third degree felony?

Decoding the Third-Degree Felony

Such an indictment comes with weighty ramifications, potentially including: A prison habitat for a stretch of up to seven years. Monetary penalties cresting at $15,000.

How often are felony charges dropped?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.

How long does a 3rd degree felony stay on your record in Texas?

How long do felonies stay on your record in Texas? Under Texas law, criminal charges including felonies and misdemeanors stay on your record permanently. This is true even if the charges were dismissed, you were found not guilty, or you successfully completed deferred adjudication.

What is the bond for a 3rd degree felony in Texas?

Bail for third-degree felonies is usually around $1,500 to $5,000. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, robbery, or possession of 50 to 2,000 pounds of marijuana. Bail for second-degree felonies can range from $2,500 to $50,000.

What class is a 3rd degree felony?

Class C, Class 3, or Level 3 felonies carry a range of penalties depending on whether a state considers the offense a low- or mid-level felony. Many states, plus the federal criminal code, categorize their felony crimes by degree of seriousness, from the most serious to the least.

What is the 3 felony rule in Texas?

If you have been convicted of three felonies, or 'three strikes', the prison sentencing you face will be much longer, from 15 or 25 to life. Texas is one of many states to enact a 'three strike' law, enforcing harsher punishments for those who have committed numerous crimes and are likely to do so again.

Can you travel with a 3rd degree felony?

People with felony convictions are generally eligible for passports or visas, depending on their circumstances. If you're a US citizen, you can apply for a passport even while your felony conviction is still pending. You should have no problem if your sentence has been completed or dismissed (including probation).

Can you go to college with a 3rd degree felony?

A felony conviction can make it more difficult to get into college, especially for those still under probation or parole supervision. Although people with certain felony convictions were once prohibited from receiving federal financial aid, this is no longer true.

What is the lowest felony charge?

As to federal felonies, Congress divided federal felonies into five categories: A, B, C, D, and E. Class E felonies are the lowest class federal felony.

How to beat a felony charge?

The 5 most common ways to get a felony charge dropped are (1) to show a lack of probable cause, (2) to demonstrate a violation of your constitutional rights, (3) to accept a plea agreement, (4) to cooperate with law enforcement in another case, or (5) to enter a pretrial diversion program.

Does a felony always result in jail time?

However, it's a common misconception that all felonies automatically result in jail time. The truth is more nuanced. Under California law, judges possess considerable discretion in sentencing, allowing them to impose probation in certain cases instead of incarceration.

How do you know if your case is weak?

9 Signs That a Criminal Case is Weak
  • a lack of evidence,
  • conflicting evidence,
  • inadmissible evidence,
  • excludable evidence,
  • unreliable witnesses,
  • a lack of motive,
  • the availability of a strong legal defense,
  • errors in the criminal complaint, and.

What is the minimum sentence for a 3rd degree felony in Texas?

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.

Is 3rd degree felony worse?

While it may seem a bit backwards to some people, the lower the degree of an offense (1st Degree, 2nd Degree, or 3rd Degree), the more serious charges. Likewise the higher the degree (4th Degree or 5th Degree) means the offense is of a less serious nature.

Can a 3rd degree felony be expunged?

California Law

For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.

Can you get probation for a felony in Texas?

Most felons can get probation in Texas by negotiating a plea bargain with the prosecution. A defendant might be able to bypass the Texas indictment process with a grand jury by agreeing to a plea deal in which he or she pleads guilty to avoid prison time. Instead, the defendant will get a probation sentence.

How to avoid jail time for felony?

5 strategies for lessening or avoiding jail time in felony cases
  1. #1: Negotiating plea bargains. Pleading out can be a strategic move. ...
  2. #2: Rehabilitation and counseling. ...
  3. #3: Character references. ...
  4. #4: Diversion programs. ...
  5. #5: Demonstrating remorse.

What is the most common felony charge in Texas?

These are the most common felony offenses:
  • Abandoning/Endangering a Child.
  • Aggravated Assault.
  • Aggravated Sexual Assault.
  • Aggravated Robbery.
  • Assault Bodily Injury Family Member.
  • Burglary of a Habitation.
  • Concealed Handgun Violation.
  • Counterfeiting.