If you or a loved one is facing a third-degree felony in Texas, you’re probably wondering what you’re up against, what kind of punishment you’re looking at, and — most importantly — if there’s any way to fight it. Spoiler alert: there is a way to fight it, and we’re going to show you how.
So, what exactly is a third-degree felony in Texas? In short:
- The middle tier of felony charges in Texas (sitting between state jail felonies and second-degree felonies)
- Carries a prison sentence of 2 to 10 years
- Includes fines up to $10,000
- Covers a wide range of crimes, from certain drug offenses to some assault charges
The good news? A charge is not a conviction, and even if you’re facing serious allegations, you have options. Mark Thiessen is a board-certified criminal defense attorney who has secured 140+ Not Guilty verdicts and thousands of dismissals for clients facing felony charges just like yours.
Don’t let a third-degree felony charge define your future. Call Thiessen Law Firm today at (713) 864-9000 to start fighting back.
What exactly is a third-degree felony in Texas?
A Texas third-degree felony is defined under Texas Penal Code Section 12.34 as one of the middle felony offenses in the state (sitting between state jail felonies and second-degree felonies). We’re talking about serious criminal charges that can land you in prison for up to a decade and cost you ten grand in fines.
Here’s how felonies break down in Texas:
| Felony level | Prison range | Fine |
| State jail felony | 180 days – 2 years | Up to $10,000 |
| Third-degree felony | 2 – 10 years | Up to $10,000 |
| Second-degree felony | 2 – 20 years | Up to $10,000 |
| First-degree felony | 5 – 99 years or life | Up to $10,000 |
So why does this distinction matter? Because prosecutors and judges treat these charges differently, your sentencing options vary wildly between felony levels, and understanding where your charge falls can help you and your attorney build the strongest possible defense.
What’s the punishment for a third-degree felony in Texas?
Let’s cut through the jargon and get to what you’re really facing if convicted of a third-degree felony in Texas. The punishment range is harsh, and here’s the breakdown:
- Prison time: 2 to 10 years in the Texas Department of Criminal Justice (TDCJ). That means if a judge or jury sentences you to prison, you’re looking at a minimum of two years behind bars — and that’s if you’re lucky.
- Fines: Up to $10,000. Now, here’s what most people don’t realize: this $10,000 cap is just for the fine itself. You’ll also be on the hook for court costs, which are separate. So while the statute says “$10,000 max,” you could end up paying significantly more when all is said and done.
- Both: The court can hit you with prison time AND the fine. It’s not an either/or situation — prosecutors love to stack penalties whenever possible.
And if you think probation fees or restitution to victims are included in that $10,000 limit? Think again. Those are tacked on separately, so your total financial hit could be much higher than you’d expect from reading the statute.
What are common third-degree felony examples in Texas?
Third-degree felonies cover a surprisingly wide range of offenses in Texas, and understanding what falls into this category is critical if you’re facing charges. Here are some of the most frequently charged third-degree felony examples:
Drug offenses
- Possession of 1 – 4 grams of controlled substances (cocaine, heroin, methamphetamine, etc.)
- Felony drug charges in Texas like these are some of the most common third-degree felonies we see, and prosecutors treat them aggressively
DWI-related charges
- DWI in Texas third offense — if you’ve been convicted of DWI twice before, your third offense jumps from a misdemeanor to a third-degree felony
- This is where the state really cranks up the pressure, using your prior record to justify harsher punishment
Assault crimes
- Assault on a public servant in Texas — even if the assault itself would normally be a Class A misdemeanor, hitting a police officer, firefighter, or other public servant elevates it to a felony
- Deadly conduct (discharging a firearm)
- Assault causing bodily injury to a family member (with prior conviction)
Property crimes
- Theft of property valued between $30,000 and $150,000
- Certain fraud offenses
Other offenses
- Stalking
- Retaliation against a witness, informant, or public servant
- Terroristic threat against a public servant or family member
- Indecent exposure (with prior conviction)
- Tampering with physical evidence
The thing to remember here is that even offenses that sound “less serious” — like stalking or retaliation — carry the same 2 – 10 year prison range as drug possession or assault. Texas doesn’t mess around with third-degree felonies, regardless of what you’re charged with.
Can a third-degree felony be enhanced in Texas?
Here’s where things get really ugly: Texas courts love to pile on, and if you have prior felony convictions, your third-degree felony charge can be enhanced to carry significantly harsher punishment. The state uses your criminal history against you to justify locking you up for even longer.
There are two main types of enhancements you need to know about:
1. Repeat offender enhancement
- If you’ve been to prison once before on a felony conviction, your third-degree felony can be enhanced to a second-degree felony.
- Your punishment range jumps from 2 – 10 years to 2 – 20 years. That’s double the maximum prison time just because you have one prior conviction.
2. Habitual offender enhancement
- If you have two or more prior felony convictions that resulted in prison time, you’re looking at habitual offender status.
- Your punishment range skyrockets to 25 – 99 years or life in prison. Yes, you read that right — a third-degree felony that normally carries a 10-year max can turn into a potential life sentence.
Prosecutors have discretion over whether to pursue enhancement, and they absolutely use it as leverage during plea negotiations. They’ll dangle the threat of enhancement over your head to pressure you into taking a deal, even if your case has serious weaknesses.
The bottom line? If you have any prior felony convictions and you’re facing a new third-degree felony charge, you need an attorney who knows how to challenge enhancement allegations and fight to keep your punishment range as low as possible if they can’t get the charges thrown out altogether.
Can you get probation for a third-degree felony?
Yes, probation is possible for third-degree felonies in Texas — but it’s not automatic, and there are strict rules about who qualifies and how you get it. Understanding your probation options could be the difference between walking out of court on supervision and spending the next several years in TDCJ.
Texas offers three main types of probation for felony cases:
1. Jury probation (community supervision)
To qualify for jury probation, you must meet these requirements:
- You’ve never been convicted of a felony in Texas or any other state
- You file a sworn motion requesting jury probation before trial starts
- The jury finds you guilty and sentences you to 10 years or less
- The jury also grants you probation
Here’s what most people don’t realize: if you go to trial and ask for jury probation, you’re putting your fate entirely in the jury’s hands. They can convict you, sentence you to prison, and deny probation — all in one shot. It’s a gamble.
2. Judge probation (community supervision)
A judge can grant probation if:
- The sentence doesn’t exceed 10 years
- You have no prior felony convictions
- The offense didn’t involve use of a deadly weapon
- The offense didn’t cause serious bodily injury to another person
Judge probation is often negotiated as part of a plea deal, which gives you and your attorney more control over the outcome than rolling the dice with a jury.
3. Deferred adjudication
Deferred adjudication is only available through a judge (never a jury) and works differently than regular probation:
- You plead guilty or no contest to the charge
- The judge doesn’t enter a finding of guilt
- Instead, they defer (postpone) the finding and place you on probation
- If you successfully complete probation, the case is dismissed without a conviction on your record
- If you violate probation, the judge can convict you and sentence you to the full punishment range
The reality is that probation isn’t a walk in the park — you’ll have strict conditions, regular check-ins with a probation officer, drug testing, community service, and more — but it beats spending years in prison. The key is having an attorney who knows how to negotiate the best possible probation terms and position your case for the outcome you need.
What happens to your life after a third-degree felony conviction?
Let’s be brutally honest: the consequences of a felony conviction don’t end when you walk out of prison or finish probation. A third-degree felony conviction follows you everywhere, affecting nearly every aspect of your life for years — or even decades — to come.
Here’s the harsh reality of what you’re up against:
Employment
- Most employers run background checks, and a felony conviction is a giant red flag.
- Many companies have blanket policies against hiring anyone with a felony record.
- Professional licenses (medical, legal, real estate, education, etc.) can be denied or revoked.
- Even if you find work, your earning potential is significantly reduced compared to someone without a record.
Housing
- Landlords routinely deny rental applications from people with felony convictions.
- Public housing assistance becomes nearly impossible to obtain.
- Homeownership can be difficult due to loan denials and increased insurance costs.
Voting rights
- You lose the right to vote while incarcerated, on parole, or on probation.
- Your rights are restored only after you complete your full sentence, including parole and probation.
Gun ownership
- Federal law prohibits anyone convicted of a felony from possessing firearms.
- This is a lifetime ban unless you obtain a pardon or have your rights restored through specific legal processes.
- Even being around firearms can put you at risk of additional federal charges.
Other rights and opportunities
- You’ll have difficulty getting student loans or financial aid for education.
- You will be ineligible for a slew of government benefits.
- You’ll face challenges getting approved for credit cards, car loans, or mortgages.
- Non-citizens, residents, and visa-holders face serious immigration consequences.
- You may even face loss of parental rights in custody cases.
A conviction follows you everywhere — job applications, apartment searches, loan applications, even volunteer positions often require background checks. And every time you have to check that box that says “Have you ever been convicted of a felony?” you’re reminded that this charge will haunt you for the rest of your life.
How to fight a third-degree felony charge
Here’s what you need to burn into your brain right now: a charge is not a conviction. Just because the state has accused you of a third-degree felony doesn’t mean they can prove it in court, and it definitely doesn’t mean you have to roll over and accept whatever punishment they’re threatening you with.
Fighting a felony charge takes strategy, legal expertise, and an attorney who’s willing to go toe-to-toe with prosecutors.
Here are some of the most common defense strategies that can win third-degree felony cases:
- Insufficient evidence: The state can’t prove guilt beyond a reasonable doubt
- Witness credibility issues: Unreliable or contradictory testimony that doesn’t hold up
- Chain of custody problems: Mishandled physical evidence that can’t be trusted
- Lack of intent: For crimes requiring specific intent, proving you didn’t have that intent
- Statute of limitations: The state waited too long to charge you
- Prosecutorial misconduct: Unethical behavior by the prosecution
- Speedy trial violations: Your constitutional right to a prompt trial was violated
- Self-defense: You were protecting yourself or others from harm
- Necessity or duress: You were forced to act under threat or extreme circumstances
The key is early intervention. The sooner you hire an attorney, the sooner they can start investigating your case, interviewing witnesses, filing motions to suppress evidence, and building your defense. Waiting until the last minute gives prosecutors the upper hand and limits your options.
| And here’s something essential: you have the right to plead the fifth and refuse to answer questions from police without an attorney present. Use it. Don’t try to talk your way out of trouble — you’ll only make things worse. Politely tell officers you’re invoking your Fifth Amendment right to remain silent and that you want to speak with an attorney. Then shut up. |
Third-degree felonies in Texas — FAQ
How serious is a third-degree felony in Texas?
A third-degree felony is extremely serious. You’re facing 2 – 10 years in prison, up to $10,000 in fines, and a permanent criminal record that will affect employment, housing, voting rights, and nearly every aspect of your future. This isn’t something you can afford to take lightly or handle without experienced legal representation.
How long does a third-degree felony stay on your record in Texas?
A third-degree felony conviction stays on your record permanently unless you’re able to get it expunged or sealed — and here’s the bad news: you can’t get a conviction expunged in Texas. Your only options are an order of non-disclosure (if you completed deferred adjudication) or a pardon from the governor, which is extremely rare. If you’re convicted, that record follows you for life.
Can a third-degree felony be dropped to a misdemeanor in Texas?
Technically, no — Texas law doesn’t allow third-degree felonies to be reduced to misdemeanors through a formal reduction process. However, that doesn’t mean you’re stuck with a felony conviction — a skilled attorney can negotiate with prosecutors for a dismissal, a plea to a lesser included offense, or get the case thrown out entirely based on constitutional violations or lack of evidence. The key is fighting the charge, not accepting it.
What are the levels of felonies in Texas?
Texas has five levels of felonies, ranked from least to most serious:
- State Jail Felony (180 days to 2 years)
- Third-Degree Felony (2 to 10 years)
- Second-Degree Felony (2 to 20 years)
- First-Degree Felony (5 to 99 years or life)
- Capital Felony (life without parole or death penalty)
Each level carries different punishment ranges and consequences, so understanding where your charge falls is critical to building your defense strategy.
Facing a third-degree felony? Call Thiessen Law Firm — fast.
The stakes couldn’t be higher. You’re looking at 2 – 10 years in prison, up to $10,000 in fines, and life-altering consequences that will follow you long after you’ve served your sentence. Your job prospects, housing options, constitutional rights, and freedom are all on the line — and the state is coming at you with everything they’ve got.
But here’s what prosecutors don’t want you to know: you don’t have to accept their version of events, and you definitely don’t have to accept the punishment they’re threatening you with.
Mark Thiessen is a board-certified criminal defense attorney with a proven track record of winning tough cases. He’s secured 140+ Not Guilty verdicts and thousands of dismissals for clients facing serious felony charges just like yours. Mark doesn’t back down from aggressive prosecutors, and he doesn’t settle for outcomes that destroy his clients’ futures.
Whether you’re facing drug charges, assault allegations, a third DWI, or any other third-degree felony, Thiessen Law Firm has the experience, resources, and fight to defend you. Don’t let one mistake define the rest of your life.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start building your defense. Your freedom is worth fighting for — let’s get to work.
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