In Texas, a third-degree felony is a serious charge. If you’re convicted, you’re looking at between 2 and 10 years in prison, a fine of up to $10,000, or both. Common examples include a third DWI, intoxication assault, tampering with evidence, and even kidnapping.
And the consequences don’t stop there — a conviction can also cost you important rights like voting or owning a firearm.
Key Takeaways
- A third-degree felony in Texas carries between 2 and 10 years in prison and up to $10,000 in fines.
- Common charges include intoxication assault, repeat DWI, assault causing injury, and unlawful firearm possession.
- Third-degree felonies can often be reduced, challenged, or resolved with probation, depending on the case.
Penalties for a Third-Degree Felony in Texas
Under Texas Penal Code §12.34, the punishment range includes:
- Between 2 and 10 years in a Texas Department of Criminal Justice (TDCJ) facility
- Up to $10,000 in fines
- Possible probation (community supervision), depending on criminal history and case facts
- Court-ordered addiction treatment, classes, or community service
Enhanced Penalties Are Possible
If you have prior felony convictions or the offense involves certain aggravating factors, penalties can be upgraded.
This includes crimes involving family violence, use of a deadly weapon, or evidence of repeated or worsening behavior.
When enhancements apply, the charge can be upgraded to a second-degree felony, which carries a sentence of 2 to 20 years in prison.
Examples of Third-Degree Felonies in Texas
Common offenses charged at this level include:
- Intoxication assault (causing a serious bodily injury while driving intoxicated)
- Assault causing serious bodily injury
- Family violence assault with prior convictions
- Third-offense DWI
- Unlawful possession of a firearm by a felon
- Certain drug possession charges (e.g., Penalty Group 1 < 1 gram but with enhancements)
- Tampering with evidence
- Failure to register as a sex offender
- Indecency with a child (contact or exposure variants)
Because Texas law has many enhancement provisions, a crime that normally isn't a felony can become one if aggravating factors exist.
What Happens if You're Convicted?
Prison time isn't the only concern if you've got a third-degree felony conviction on your record. You'll also have to deal with the long-term consequences, including loss of gun rights, voting restrictions, ineligibility to hold certain professional licenses, failed background searches for jobs and housing, ineligibility for some government benefits, and potential immigration consequences.
Texas does not allow most felony convictions to be expunged or fully sealed, meaning third-degree felonies can remain on your record for life.
Can a Third-Degree Felony Be Reduced or Dismissed?
Yes—depending on the facts, evidence, and criminal history.
Possible defense outcomes include:
- Charge reduction to a misdemeanor
- Negotiated plea to a state jail felony (less severe)
- Probation instead of prison
- Case dismissal due to weak evidence, illegal search, or procedural errors
- Not guilty verdict at trial
A skilled defense attorney may challenge police conduct, forensic evidence, witness statements, or enhancements to weaken the case.
When Should You Contact a Criminal Defense Attorney?
Right away. A third-degree felony isn't something you can afford to wait on — the consequences are serious, and the sooner you get legal help, the better your chances are. At Michael & Associates, we move fast to protect your freedom and your future.
Here's what our team can do for you:
- Challenge enhancements that could increase your sentence
- Push for probation instead of prison time
- Negotiate a reduction to a misdemeanor
- Protect your criminal record and limit long-term damage
- Build a strong defense strategy based on evidence, intent, and constitutional issues
If you've been arrested or even think you're under investigation, call Michael & Associates immediately to set up a free case review. Early intervention is one of the most powerful tools you have — and we're here to fight for you from day one.
