Texas Criminal Defense
Third Degree Felony Texas — Punishment & Defense
Third Degree Felony Texas — Punishment & Defense cases in Texas are charged under the Penal Code and prosecuted under the Code of Criminal Procedure across the nine DFW counties we serve. L and L Law Group's co-founding partners personally evaluate every retainer, identify constitutional and statutory defenses at intake, and handle motion practice, plea negotiation, and trial work directly.
Editorial note. This article is general legal information published by L and L Law Group, PLLC, a Texas Bar–licensed law firm. It is not legal advice for any specific case. No attorney-client relationship arises until a written engagement is signed. Reviewed by Njeri London (TX Bar 24043266) and Reggie London (TX Bar 24043514) on 2026-05-18.
Understanding a third-degree felony in Texas
A third-degree felony is a mid-level felony classification under Texas law, punished by a prison sentence served in the Texas Department of Criminal Justice (TDCJ) along with a possible fine. It sits above state jail felonies and second-degree felonies in seriousness, and it carries consequences that reach well beyond the courtroom — including a permanent criminal record, loss of firearm rights, and barriers to employment, housing, and professional licensing.
Texas charges a wide range of conduct as a third-degree felony, from a third DWI to assault family violence with a prior conviction, tampering with evidence, and unlawful possession of a firearm by a felon. Because prior convictions can raise the punishment range to that of a second-degree or even a habitual felony, understanding how this classification works — and how priors change it — is critical for anyone facing a third-degree charge in Frisco, Collin County, or anywhere in Texas.
Punishment range and third-degree offense examples
Under Texas Penal Code § 12.34, a third-degree felony is punishable by confinement in the Texas Department of Criminal Justice for a term of 2 to 10 years. In addition to prison time, the court may impose an optional fine not to exceed $10,000. The fine is discretionary — it can be assessed alongside the prison term or omitted entirely, depending on the facts and the sentencing decision.
Third-degree felony punishment at a glance (Tex. Penal Code § 12.34)| Component | Range |
|---|
| Prison (TDCJ) | 2 to 10 years |
|---|
| Fine (optional) | Up to $10,000 |
|---|
| Community supervision | Commonly available for eligible offenses |
|---|
Common third-degree felonies in Texas include a third or subsequent DWI (§§ 49.04, 49.09), assault family violence committed with a prior family-violence conviction or by impeding the victim's breathing or circulation (§ 22.01(b)), tampering with or fabricating physical evidence (§ 37.09), repeat indecent exposure or indecency offenses, unlawful possession of a firearm by a felon (§ 46.04), and possession of a Penalty Group 1 controlled substance in an amount of one gram or more but less than four grams.
Prior convictions can significantly raise the stakes. Under Texas Penal Code § 12.42, a third-degree felony committed by a defendant with one prior felony conviction is punished as a second-degree felony (2 to 20 years). With two prior felony convictions that became final in sequence, the case falls under the habitual-offender provision of § 12.42(d), which carries a range of 25 to 99 years or life. On the other end, community supervision (probation) is commonly available for eligible third-degree offenses, allowing a defendant to serve the sentence under court-ordered conditions rather than in prison.
How a third-degree felony case moves through the courts
A third-degree felony charge follows the same Texas criminal process every case does — arrest and magistration, bond, the State’s charging decision, discovery and pretrial motions, then a negotiated resolution or trial. Our step-by-step Texas criminal case process guide walks through all ten stages, and our criminal defense overview explains the constitutional and statutory strategies that apply at each one.
Frequently asked questions
What is the sentence range for a third-degree felony in Texas?
Under Texas Penal Code § 12.34, a third-degree felony is punishable by 2 to 10 years in the Texas Department of Criminal Justice (TDCJ), plus an optional fine of up to $10,000. The fine is discretionary and may or may not be added to the prison term.
Can you get probation for a third-degree felony?
Community supervision (probation) is commonly available for eligible third-degree felony offenses, allowing a person to serve the sentence under court-ordered conditions rather than in prison. Eligibility depends on the specific offense, the defendant's criminal history, and whether the supervision is granted by the judge or recommended by a jury. An attorney can review whether probation is an option in a particular case.
What are common examples of third-degree felonies in Texas?
Frequently charged third-degree felonies include a third or subsequent DWI (Tex. Penal Code §§ 49.04, 49.09), assault family violence with a prior conviction or by impeding breath or circulation (§ 22.01(b)), tampering with physical evidence (§ 37.09), unlawful possession of a firearm by a felon (§ 46.04), repeat indecent exposure or indecency offenses, and possession of a Penalty Group 1 controlled substance in an amount of one gram up to four grams.
How do prior convictions increase a third-degree felony?
Under Texas Penal Code § 12.42, one prior felony conviction raises a third-degree felony to second-degree punishment (2 to 20 years). Two prior felony convictions that became final in sequence trigger the habitual-offender range under § 12.42(d), which is 25 to 99 years or life. Prior convictions can dramatically change the exposure a defendant faces.
Is there a fine for a third-degree felony in Texas?
Yes. Texas Penal Code § 12.34 authorizes an optional fine of up to $10,000 for a third-degree felony. The fine is at the court's discretion — it can be imposed in addition to the prison sentence or left out entirely. Court costs and other statutory fees may also apply separately from the fine.
Is a third-degree felony served in jail or prison?
A third-degree felony sentence is served in prison — specifically the Texas Department of Criminal Justice (TDCJ) — not a county jail. County jail is generally used for misdemeanor sentences and pretrial detention, while felony confinement of 2 to 10 years under § 12.34 is carried out in the state prison system. If community supervision is granted, the person serves the term under supervision instead of in TDCJ.