3rd Degree Felony Texas — Punishment Range
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Penalty range
Texas Penal Code § 12.34 — third-degree felony punishment. Imprisonment: 2-10 years in Texas Department of Criminal Justice Institutional Division (TDCJ — "prison"). Fine: up to $10,000. Probation: typically available; 2-10 years maximum probation. Parole eligibility: 25% of sentence served for non-aggravated cases; 50% for "3g" offenses (under Government Code § 508.145(d)). Mandatory supervision: available for non-aggravated cases when calendar + good time = sentence. Habitual offender enhancement: § 12.42 — prior felonies can enhance third-degree to second-degree (one prior felony) or habitual offender (25 years minimum to life for two priors).
Common third-degree felonies
Major Texas third-degree felony offenses: Third DWI (Penal Code § 49.09(b)). Intoxication assault (§ 49.07). Deadly conduct with firearm (§ 22.05(b)). Assault on family/household member with prior FV conviction (§ 22.01(b)(2)). Strangulation/suffocation in family violence context (§ 22.01(b)(2)(B)). Aggravated assault with deadly weapon (§ 22.02) base level. Stalking (§ 42.072). Possession of marijuana 5-50 pounds (Health & Safety Code § 481.121). Possession of PG 1 controlled substance 1-4 grams (§ 481.115) — wait, this is second-degree. Actually third-degree drug possession: 200-400g of PG 1 (§ 481.115(d)). Burglary of building (state-jail felony enhanced for repeat). Sexual assault (§ 22.011) — this is second-degree. Actually third-degree sexual offenses include certain indecency cases.
Probation eligibility
Most third-degree felonies are probation-eligible. Probation conditions: regular reporting; drug testing; treatment programs; employment; community service; fees and restitution; no violations of law; firearm restrictions; travel restrictions. Length — up to 10 years probation. Deferred adjudication available for most third-degree felonies — no conviction entered if successfully completed; revocation results in adjudication and sentencing within full statutory range. Limitations: certain third-degree felonies have probation restrictions (specific drug trafficking under § 481.115(d); some violent offenses under "3g" provisions). Effective probation requires consistent compliance for full term.
Habitual offender enhancement
Penal Code § 12.42 — prior felonies enhance third-degree felony to: One prior felony (any degree): enhanced to second-degree felony (2-20 years). Two prior felonies (sequential): habitual offender — minimum 25 years to life regardless of underlying degree. State-jail felony enhanced by one prior felony becomes third-degree. Specific drug enhancement under § 481.115(d) — prior drug felonies create enhancement to first-degree in some cases. Sequential requirement: two prior felonies must be committed sequentially (each later prior committed after earlier prior conviction was final) for habitual treatment. Many Texas drug court and treatment options unavailable for defendants with prior felony convictions.
Defense considerations
Third-degree felony defense priorities: Plea negotiation — often possible to reduce to misdemeanor or state-jail felony. Diversion programs — drug court, mental health court, veterans court for eligible defendants. Deferred adjudication — avoid conviction entry; significant value for collateral consequences. Probation vs. prison — even with conviction, probation usually preferable. Treatment-focused resolution — for SUD-related offenses. Mitigation development — character witnesses, employment, family situation, treatment engagement, no prior criminal history. Trial — if defenses strong; calculated risk given exposure. Significant collateral consequences make defense investment worthwhile.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What's the punishment for third-degree felony in Texas?
2-10 years state prison (TDCJ); up to $10,000 fine; up to 10 years probation. Penal Code § 12.34. Parole eligibility: 25% of sentence served for non-aggravated; 50% for "3g" offenses. Habitual offender enhancement possible under § 12.42.
What are common third-degree felonies in Texas?
Third DWI (§ 49.09(b)); intoxication assault (§ 49.07); deadly conduct with firearm (§ 22.05(b)); assault on family/household member with prior FV conviction (§ 22.01(b)(2)); strangulation in family violence (§ 22.01(b)(2)(B)); aggravated assault (§ 22.02); stalking (§ 42.072); possession of marijuana 5-50 pounds (§ 481.121).
Is third-degree felony probation-eligible in Texas?
Generally yes — most third-degree felonies are probation-eligible. Deferred adjudication available for most. Probation length up to 10 years. Exceptions: certain "3g" offenses (intoxication manslaughter higher), specific drug trafficking levels, sex offenses against children. Effective probation requires consistent compliance.
Can third-degree felony be reduced in Texas?
Sometimes — through plea negotiation. Common reductions: to misdemeanor (Class A or B); to state-jail felony (lower exposure); to deferred adjudication (no conviction). Effective negotiation requires experienced counsel and favorable case facts. Diversion programs (drug court, mental health court) may offer dismissal alternatives.
What's habitual offender enhancement?
Penal Code § 12.42 — prior felony convictions enhance new felony penalties. One prior felony: enhances third-degree to second-degree (2-20 years). Two prior sequential felonies: habitual offender — minimum 25 years to life regardless of underlying degree. Sequential requirement: each later prior committed after earlier prior became final.
