What is Third Degree Felony in Texas?
In the state of Texas, felonies are classified into three main categories: first degree, second degree, and third degree. A third degree felony is considered a serious offense, but less severe than first or second degree felonies.
Definition
In Texas, a third degree felony is defined as an offense that is punishable by 2 to 10 years in prison and/or a fine not to exceed $10,000. [Tex. Penal Code §12.33] The sentence for a third degree felony is typically longer than that of a misdemeanor, but shorter than that of a first or second degree felony.
Examples of Third Degree Felonies
Some examples of crimes that are considered third degree felonies in Texas include:
• Felony burglary: Breaking and entering a habitation (residential property) with intent to commit a crime. [Tex. Penal Code §30.02]
• Forgery: Making or uttering a false instrument, such as a check or document, with the intent to deceive. [Tex. Penal Code §32.21]
• Possession of certain drugs: Possessing more than 1,000 grams of a Penalty Group 1 controlled substance (such as cocaine or heroin). [Tex. Health & Safety Code §481.115(a)(1)]
• Theft: Taking property with a value of $2,500 to $30,000. [Tex. Penal Code §31.03(a)(1)]
Punishment for Third Degree Felonies
As mentioned earlier, the punishment for a third degree felony can include:
• Time in prison: 2 to 10 years, with the judge having discretion to impose a longer or shorter sentence based on the circumstances of the case.
• Fine: A fine not to exceed $10,000.
Consequences of a Third Degree Felony Conviction
A third degree felony conviction can have serious consequences, including:
• Loss of liberty: Time in prison, with the possibility of early release or parole.
• Financial consequences: Fines and court costs, which can be significant.
• Criminal record: A felony conviction will result in a permanent criminal record, which can affect future job prospects, educational opportunities, and even housing options.
• Collateral consequences: A felony conviction can also lead to other negative consequences, such as loss of professional licenses or difficulty voting.
How is a Third Degree Felony Classified?
Third degree felonies are classified as Level 3 offenses on the Texas felony offense classification table. [Tex. Penal Code §12.33] This means that they are considered more serious than misdemeanors, but less serious than first and second degree felonies.
Table: Texas Felony Offense Classification Table
| Felony Degree | Punishment | Felony Level |
|---|---|---|
| First Degree | Life or 5 to 99 years | Level 1 |
| Second Degree | 5 to 99 years | Level 2 |
| Third Degree | 2 to 10 years | Level 3 |
Conclusion
In conclusion, a third degree felony in Texas is a serious offense that carries a punishment of 2 to 10 years in prison and/or a fine not to exceed $10,000. It is considered less serious than first and second degree felonies, but more serious than misdemeanors. Understanding the consequences of a third degree felony conviction can help individuals make informed decisions about their criminal charges.
