You’ve been charged with a 3rd degree felony in Texas, and you’re terrified about what comes next.
This charge means you’re facing 2 to 10 years in state prison, up to $10,000 in fines, and a permanent criminal record that will destroy your job prospects, housing options, and basic rights for life.
The right defense strategy can get charges reduced, dismissed, or result in probation instead of prison time.
Every day you wait could compromise your defense strategy and limit your options for a favorable outcome.
If you’re facing a 3rd degree felony in Texas, contact our Dallas criminal defense attorneys immediately for a free consultation.
What Is a 3rd Degree Felony in Texas?
This mid-tier felony category still carries serious prison time while allowing for probation in some cases.
A 3rd degree felony in Texas is defined under Texas Penal Code Section 12.34 as a serious criminal offense that falls in the middle tier of the state’s felony classification system.
Texas classifies felonies into several distinct categories, each carrying different punishment ranges:
- State Jail Felonies (least serious felony level)
- Third Degree Felonies
- Second Degree Felonies
- First Degree Felonies
- Capital Felonies (most serious, potentially carrying life imprisonment or the death penalty)
Texas Felony Classification System
| Felony Degree | Prison Term | Maximum Fine | Probation Eligible |
|---|---|---|---|
| State Jail | 180 days – 2 years | $10,000 | Yes |
| 3rd Degree | 2-10 years | $10,000 | Yes |
| 2nd Degree | 2-20 years | $10,000 | Yes |
| 1st Degree | 5-99 years or life | $10,000 | Limited |
Third-degree felonies occupy a significant position in Texas’s criminal justice framework because they represent the first level where defendants face substantial state prison time while maintaining eligibility for probation. The Texas Legislature created this structured approach to ensure punishment fits the severity of the crime while providing courts with sentencing flexibility.
Additional reading: What is a probation revocation?
3rd Degree Felony Punishment in Texas
The punishment range for a 3rd degree felony in Texas reflects the state’s serious approach to these offenses. Under Texas Penal Code 12.34, defendants convicted of third-degree felonies face a prison sentence between 2 and 10 years in the Texas Department of Criminal Justice institutional division, plus fines up to $10,000.
Courts have significant discretion within the statutory range, meaning your actual sentence depends on the specific offense, your criminal history, the circumstances surrounding the crime, and the quality of your legal representation.
Courts can impose both prison time and fines simultaneously. A defendant could receive 5 years in prison and be ordered to pay the maximum $10,000 fine, creating substantial financial hardship on top of incarceration.
Probation Options
Texas law provides several probation alternatives for 3rd degree felony convictions:
- Community Supervision (Regular Probation): Defendants can receive probation instead of prison time, typically lasting 2-10 years with specific conditions.
- Deferred Adjudication: This option allows defendants to complete probation without a final conviction appearing on their record. Successfully completing deferred adjudication can lead to case dismissal and potential record sealing.
- Jury Probation: Even if convicted at trial, defendants can ask the jury to recommend probation instead of prison time.
Enhanced Penalties for Repeat Offenders
Texas’s habitual offender laws significantly increase punishment for repeat felons. If you have prior felony convictions, your 3rd degree felony case could be enhanced to a higher degree, potentially doubling your prison exposure.
Our experienced Texas Criminal Defense Attorneys understand how to challenge enhancement allegations and negotiate favorable plea agreements.
Examples of 3rd Degree Felonies in Texas
Texas law designates numerous offenses as 3rd degree felonies, ranging from drug crimes to violent offenses against public servants.
Drug-Related 3rd Degree Felonies
- Possession of Controlled Substances (1-4 grams): Under Texas Health and Safety Code 481.116, possessing between 1-4 grams of substances like cocaine, heroin, methamphetamine, or fentanyl constitutes a 3rd degree felony.
- Prescription Drug Fraud: Obtaining prescription medications through fraud, forgery, or deception.
Discover our effective drug possession defense strategies for felony-level charges.
DWI-Related Charges
DWI 3rd Offense – Texas Transportation Code 49.04 elevates driving while intoxicated to a 3rd degree felony for defendants with two prior DWI convictions.
Explore the penalties you may face and the defense strategies we offer through our DWI 3rd offense defense.
⚠️ A third DWI offense is automatically elevated to a felony with significant prison risk.
Violent Crimes Against Public Servants
- Assault on Public Servant: Texas Penal Code 22.01 makes it a 3rd degree felony to assault police officers, firefighters, emergency medical personnel, or other public servants while they’re performing official duties.
- Retaliation: Threatening or harming public servants, witnesses, or informants in response to their official actions.
Learn more about our assault on public servant defense strategies for violent felony charges.
Other Serious 3rd Degree Felonies
- Stalking: Repeatedly following or harassing someone in a manner that would cause fear
- Terroristic Threat Against Public Servant: Making threats intended to cause fear or disruption
- Tampering with Evidence: Altering, destroying, or concealing evidence with intent to impair its availability in an investigation
- Indecent Exposure to Child: Exposing oneself to children under specific circumstances
- Fraudulent Use of Identifying Information: Using someone’s personal information for fraudulent purposes involving certain dollar amounts
Hate Crime Enhancements
Texas Penal Code 12.47 allows prosecutors to enhance any offense motivated by bias or prejudice. A misdemeanor assault could become a 3rd degree felony if prosecutors prove hate crime elements, while existing 3rd degree felonies can be enhanced to 2nd degree charges.
Defenses Against 3rd Degree Felony Charges in Texas
Successfully defending against 3rd degree felony charges requires a comprehensive knowledge of Texas criminal law, constitutional protections, and strategic litigation techniques.
Constitutional Challenges
- Fourth Amendment Violations: Police must have legal justification for searches and seizures. If officers violated your constitutional rights during evidence collection, motions to suppress illegally obtained evidence can be filed.
- Fifth Amendment Protections: Statements made without proper Miranda warnings or during coercive interrogations may be inadmissible.
- Sixth Amendment Rights: Defendants have the right to effective counsel throughout proceedings.
Challenging Evidence and Procedures
- Chain of Custody Issues: Prosecutors must prove evidence wasn’t contaminated or altered between collection and trial.
- Laboratory Testing Problems: Drug cases rely heavily on lab results. Testing procedures, equipment calibration, and technician qualifications should be scrutinized for potential errors.
- Witness Credibility: Many cases depend on witness testimony. Investigating witnesses’ backgrounds, motivations, and potential bias can undermine unreliable testimony.
Plea Negotiations and Alternative Dispositions
- Charge Reduction: Our experienced attorneys often negotiate reduced charges with lesser penalties.
- Diversion Programs: First-time offenders may qualify for pretrial diversion programs, allowing case dismissal upon successful completion.
- Deferred Adjudication: This option provides probation without final conviction, preserving future opportunities and eligibility for record sealing.
Our experienced Texas defense attorneys will build the strongest defense for your case by conducting thorough investigations, challenging weak evidence, and negotiating favorable outcomes.
Long-Term Consequences of a 3rd Degree Felony
A 3rd degree felony conviction creates lasting consequences that extend far beyond your initial sentence.
💼 Felony convictions impact employment, housing, licensing, civil rights, and financial opportunities for life.
Employment and Professional Impact
- Background Check Barriers: Most employers conduct criminal background checks, and felony convictions often disqualify candidates from employment opportunities.
- Professional Licensing Issues: Many professional licenses become unavailable or subject to revocation following felony convictions.
- Security Clearance Restrictions: Government employment and contractor positions requiring security clearances become extremely difficult to obtain.
Civil Rights Restrictions
- Loss of Firearm Rights: Federal and state law prohibit convicted felons from possessing firearms, ammunition, or other weapons.
- Voting Rights Impact: While Texas restores voting rights after sentence completion, the conviction creates temporary disenfranchisement during incarceration and supervision periods.
Housing and Financial Consequences
- Rental Application Difficulties: Landlords frequently reject applications from tenants with felony convictions, limiting housing options.
- Student Financial Aid Restrictions: Drug-related felony convictions can disqualify students from federal financial aid, impacting educational opportunities.
How Our Texas Felony Defense Lawyers Can Help
At the Law Offices of Richard C. McConathy, we bring over 35 years of combined experience defending clients against serious felony charges throughout the Dallas-Fort Worth metroplex and surrounding counties.
Local Court Experience
Our attorneys regularly practice in Dallas, Collin, Tarrant, Denton, and surrounding county courts. This local knowledge provides invaluable advantages, including prosecutor relationships, judicial familiarity, and court staff connections.
Proven Defense Strategies
- Early Intervention: We begin investigating cases immediately, often identifying weaknesses before prosecutors fully develop their strategy.
- Expert Witness Networks: Our firm maintains relationships with forensic experts, medical professionals, and other specialists who can provide testimony.
- Comprehensive Investigation: We conduct independent investigations, interview witnesses, and examine physical evidence to build strong defenses.
Our aggressive defense strategies and willingness to take cases to trial when necessary have earned us a reputation that prosecutors respect and defendants can trust.
Contact Our Texas 3rd Degree Felony Defense Lawyers
Time is critical in felony cases.
Evidence disappears, witnesses’ memories fade, and prosecutors build stronger cases with each passing day. Don’t face these serious charges alone or trust your future to inexperienced counsel.
We serve clients throughout North Texas, including Dallas, Collin, Tarrant, Denton, Rockwall, and surrounding counties. With our extensive experience, proven track record, and aggressive defense strategies, we’re ready to fight for your freedom and protect your future.
Your life and liberty are too important to leave to chance.
Call the Law Offices of Richard C. McConathy today at 197-230-38867 – because when everything is on the line, experience makes all the difference. Contact us today to schedule your free consultation.
FAQs About 3rd Degree Felonies in Texas
What Is the Punishment for a 3rd Degree Felony in Texas?
Third-degree felonies carry 2-10 years in state prison and fines up to $10,000. However, defendants may be eligible for various forms of probation, including community supervision, deferred adjudication, or jury probation, depending on their criminal history and case circumstances.
Can a 3rd Degree Felony Be Reduced?
Yes, experienced defense attorneys often negotiate charge reductions through plea bargaining. Factors affecting reduction possibilities include evidence strength, defendant’s criminal history, case circumstances, and the quality of legal representation. Our firm has successfully reduced numerous 3rd degree felonies to lesser charges.
Can I Get Probation for a 3rd Degree Felony in Texas?
Most defendants are eligible for probation on 3rd degree felony charges. Options include regular community supervision, deferred adjudication (which can lead to case dismissal), and jury probation. Eligibility depends on your criminal history, the specific offense, and case negotiations.
How Long Does a 3rd Degree Felony Stay on Your Record in Texas?
Felony convictions generally remain on your criminal record permanently unless sealed or expunged through legal processes. However, defendants who receive deferred adjudication may be eligible for record sealing after completing probation successfully, depending on the specific charge.
What Happens if I’m a Repeat Offender?
Texas habitual offender laws can enhance 3rd degree felonies to higher degrees for defendants with prior convictions. These enhancements can double your prison exposure and eliminate probation eligibility. Our attorneys aggressively challenge enhancement allegations and work to prevent these severe consequences.