What is a 3rd Degree Felony in Texas?
In Texas, a felony is defined as a crime that carries a sentence of more than one year in prison, as opposed to a misdemeanor, which carries a sentence of less than one year. Within the category of felonies, there are three main categories: capital murder, murder, and felony of the first degree, second degree, or third degree.
Third Degree Felonies
A third-degree felony in Texas is considered a lower-level felony that carries a punishment range of 2 to 10 years in prison, with a possibility of a fine not exceeding $10,000.
Examples of 3rd Degree Felonies in Texas
Some common examples of 3rd degree felonies in Texas include:
- Abandoning or abandoning your child: If you willfully abandon or abandon a child under the age of 15, you may be charged with a third-degree felony. (Section 22.04 Texas Penal Code)
- Falsely reporting to the authorities: If you falsely report a crime to the authorities or make false statements to law enforcement officers, you may be charged with a third-degree felony. (Section 38.11 Texas Penal Code)
- Theft of property or services worth $2,500 or more: If you take or obtain property or services worth $2,500 or more, you may be charged with a third-degree felony. (Section 31.03 Texas Penal Code)
- Criminal mischief: If you intentionally or knowingly cause damage to or destroy tangible property, and the damages are worth $2,500 or more, you may be charged with a third-degree felony. (Section 28.13 Texas Penal Code)
Consequences of a Third-Degree Felony in Texas
A conviction for a third-degree felony in Texas can have serious consequences, including:
- Loss of voting rights: For life
- Ineligibility to hold public office: For life
- Ineligibility to serve on a jury: For 5 years
- Loss of professional licenses: Depending on the profession and the requirements of the license
- Difficulty finding employment or housing: Due to a felony conviction, many landlords and employers will not allow a person to rent property or work in certain jobs
- Financial assistance and student loans: Felony convictions may affect access to financial aid and student loans
Defending a 3rd Degree Felony in Texas
If you have been charged with a third-degree felony in Texas, it’s essential to hire an experienced criminal defense attorney who understands the laws and procedures surrounding 3rd degree felonies. Here are some possible defenses your attorney may use:
- Proof of innocence: Your attorney may argue that you are innocent of the charges brought against you
- Insufficient evidence: Your attorney may argue that there is not enough evidence to prove your guilt beyond a reasonable doubt
- Legal technicalities: Your attorney may argue that certain legal technicalities, such as a problem with the warrant or arrest, meant that the police did not have the legal authority to arrest you
Possible Sentences for a Third-Degree Felony in Texas
The possible sentence for a third-degree felony in Texas is 2 to 10 years in prison, with a possible fine not exceeding $10,000. However, the actual sentence may depend on various factors, such as:
- Mitigating or aggravating circumstances: If there were any mitigating or aggravating circumstances surrounding the commission of the crime, they may affect the sentence.
- Previous criminal record: If you have a previous criminal record, this may affect the sentence.
Table: Punishment Range for Third-Degree Felonies in Texas
| Punishment |
|---|
| Probation with up to 2 years of community supervision |
| Prison sentence between 2-10 years |
| Fine not exceeding $10,000 |
| Combination of prison and fine |
In conclusion, a third-degree felony in Texas is a serious charge that carries a punishment range of 2 to 10 years in prison. It’s essential to hire an experienced criminal defense attorney to help defend against the charges and reduce the sentence.
