Third-degree felony in Texas

What is the punishment range?

2 to 10 years in prison and a fine up to $10,000 (Penal Code 12.34).

What are common examples?

• DWI third or more (Penal Code 49.09(b))
• Intoxication assault (49.07)
• Assault by impeding breath (22.01(b)(2)(B))
• Possession of 1 to less than 4 grams of a Penalty Group 1 substance (Health and Safety Code 481.115)
• Unlawful possession of a firearm by a felon (Penal Code 46.04)
• Violation of a protective order with two priors or by assault or stalking (25.07)

Is probation available?

For most third-degree felonies, yes, unless the offense is listed in Code of Criminal Procedure 42A.054 or a deadly weapon finding is made. Deferred adjudication is also possible for many offenses.

Where is the case heard in Dallas County?

After a grand jury indictment, in a Criminal District Court at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. Arrests are usually booked at the Lew Sterrett Justice Center.

Can the charge be reduced to a lower degree?

Sometimes. A plea agreement can reduce the charge to a lower degree or a misdemeanor when the evidence supports it. At trial, the jury may also be asked to consider a lesser included offense, such as assault instead of aggravated assault, when the evidence would allow a finding of only the lesser offense (Code of Criminal Procedure 37.09). The weight of drugs, the value of property and the presence of a weapon or serious injury are common points of dispute that decide the degree.

What are more examples, with the statutes?

• Third DWI (Penal Code 49.09)
• Unlawful possession of a firearm by a person with a felony conviction (Penal Code 46.04)
• Theft of property valued at $30,000 to less than $150,000 (Penal Code 31.03)
• Possession of 1 to less than 4 grams of a Penalty Group 1 substance (Health and Safety Code 481.115)
• Evading arrest or detention using a vehicle (Penal Code 38.04)
• Assault by impeding breath or circulation of a family member, household member or dating partner (Penal Code 22.01)

How can prior convictions raise the range?

If the State proves one prior felony conviction, a third-degree felony is punished in the second-degree range of 2 to 20 years (Penal Code 12.42(a)). With two prior felony convictions in the right sequence, the range becomes 25 to 99 years or life (12.42(d)). Prior state jail felonies are treated differently.

Who decides on probation?

A judge can place a person on community supervision in a felony case when the sentence assessed is 10 years or less, for a supervision period of up to 10 years, or up to 5 years for certain third-degree felonies (Code of Criminal Procedure 42A.053), except for the offenses listed in 42A.054 and cases with a deadly weapon finding. A jury can recommend community supervision if the sentence it assesses is 10 years or less and the defendant has not been previously convicted of a felony, with some exceptions (42A.056). Deferred adjudication is decided only by the judge.

How does parole eligibility work?

For most offenses, a person becomes eligible for parole when actual time served plus good conduct time equals one-fourth of the sentence or 15 years, whichever is less (Government Code 508.145(f)). For offenses listed in Code of Criminal Procedure 42A.054 and offenses with a deadly weapon finding, eligibility requires actual time of one-half of the sentence or 30 years, whichever is less, with a two-year minimum (508.145(d)). The parole board decides whether to release a person who is eligible.

How long does the State have to file charges?

The statute of limitations depends on the offense. Most felonies have a three-year limit, some have longer periods, and some, such as murder and manslaughter, have none (Code of Criminal Procedure article 12.01).

What does the Dallas County process look like?

1. Arrest, booking at the Lew Sterrett Justice Center and magistration within 48 hours.
2. Bail and conditions under Code of Criminal Procedure 17.15. See bail changes in 2025.
3. Grand jury presentation and indictment or no-bill. See how long the State has to indict.
4. Settings in a Criminal District Court at the Frank Crowley Courts Building.
5. Plea, dismissal or jury trial with 12 jurors, and a separate punishment phase.

Where are these cases heard outside Dallas?

Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

Can a prior felony raise a third-degree charge?

Yes. If the State proves you were previously finally convicted of a felony other than a state jail felony punished under Penal Code 12.35(a), a third-degree felony is punished as a second-degree felony, 2 to 20 years and a fine up to $10,000 (Penal Code 12.42(a)). With two qualifying prior felony convictions in the required sequence, the range can rise to 25 to 99 years or life (12.42(d)). The State must plead and prove the priors, so their dates and finality matter.

Can a third-degree felony be sealed?

A conviction cannot be expunged. A completed deferred adjudication may allow an order of nondisclosure after a five-year waiting period for many felonies (Government Code 411.0725), but family violence offenses and several other categories are excluded (411.074).

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026