What Is a Third-Degree Felony in Texas?

Third-degree felonies are the second-least severe felonies in Texas. Crimes under this category often lack the intent or premeditation to cause severe bodily injuries or death.

The Texas Penal Code Section 12.04 classifies felonies into different levels based on their severity and corresponding penalties. The levels are outlined below:

• Capital offense
• First-degree felony
• Second-degree felony
• Third-degree felony
• State jail felonies.

Capital offenses and first-degree felonies contain the most severe crimes and may attract the harshest penalties. For instance, murder is a capital offense that incurs the death penalty or life imprisonment. Second-degree felonies have relatively less severe penalties and attract penalties, such as a maximum 20-year jail term.

Note that third-degree felonies are not the least severe felonies. State jail felonies have the least severity and attract the lightest penalties.

Common Offenses That Fall Under Third-Degree Felony Charges

In Types, types of crimes classified under third-degree felonies may include the following:

• Arson: A person commits arson in the third degree if such person sets fire to or causes an explosion of vegetation, a structure on open land, or a fence, and the incident leads to severe bodily injury or the death of another Section 28.02.
• Burglary: It is a third-degree felony if the offender burgles a commercial building where controlled substances are stored. The penal code also classifies it as burglary in the third degree if the offender burgles a non-residential building. Section 30.2 (c-1).
• Indecent exposure: It’s third-degree indecent exposure if the perpetrator is a registered sex offender and exposes his private parts with the intent to gratify or arouse another’s sexual desire. Section 21.08.
• Aggravated assault: A person commits aggravated assault in the third degree if such person inflicts bodily injury on a public officer who was acting in their official capacity. Section 22.02.

Penalties and Sentencing for Third-Degree Felonies in Texas

Individuals convicted of third-degree felonies in Texas may face jail terms and be required to pay fines. According to Section 12.34 of the Texas Penal Code, offenders may be sentenced to a prison term ranging from 2 years to 10 years and be required to pay fines of up to $10,000.

Penalties for third-degree felonies may vary based on the number of subsequent convictions for the offense. Texas law increases a third-degree felony to a second-degree felony if the offender has a previous conviction for any felony class, except a state jail felony. Therefore, an offender with two or more convictions for third-degree burglary may receive up to 20 years' imprisonment instead of the 10-year maximum.

Texas law allows the court to impose probation instead of a prison sentence for specific third-degree felonies. Generally, offenders are eligible for probation if they are on trial for crimes that carry a sentence of less than 10 years in jail.

Will You Go to Jail for a Third-Degree Felony in Texas?

Yes, offenders may receive jail time for third-degree felonies in Texas. The Texas Penal Code imposes sentences ranging from 2 to 10 years in a state correctional facility for such offenses.

Nevertheless, offenders may qualify for probation and avoid jail time. Offenders under probation are required to fulfill specific conditions, such as paying restitution fines and completing programs. The court will dismiss the charge after the offender completes the requirements.

How Long Does a Third-Degree Felony Stay on Your Record?

Third-degree felony records have a lifetime validity on your records. In addition, third-degree felony records are publicly accessible, and as such, may have a severe impact on a record subject’s personal, financial, and social life.

For example, employers may refuse to consider applications from job applicants with a criminal background. This situation often occurs in security-sensitive companies or institutions, such as those in the financial and healthcare sectors.

Offenders might also face discrimination while searching for properties to rent or buy. Housing authorities or landlords may request a criminal background check to determine if the offender is a security risk to other occupants or to the neighborhood.

Other consequences of third-degree felonies include:

• Loss of civil rights for a specific timeframe.
• High chance of visa application rejections.

Nevertheless, offenders may obtain reprieve in the form of expungement or non-disclosure. These procedures help to erase or hide criminal records from public view.

Can a Third-Degree Felony Be Sealed or Expunged in Texas?

Under the Texas Code of Criminal Procedure, you may expunge third-degree felony records if:

• You were tried and later acquitted by the court.
• You have not previously received an expungement for criminal records.
• You were not convicted, and there was no court-ordered supervision.
• You were convicted of an offense committed before September 1, 2021, pursuant to Section 46.02 (a).
• The statute of limitations on the alleged crime has elapsed.

Note: Offenders seeking to expunge records are generally required to wait for a specific timeframe after their arrest date. For instance, you must wait for three years before applying to expunge felony arrest records.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Third-degree felonies are not the same as first- and second-degree felonies. Crimes under the third-degree category are less severe and carry mild penalties. Based on severity, third-degree crimes have a lesser impact on lives and society. These crimes also lack the premeditation or intent to commit crimes of violence. As a result, they have milder penalties, and offenders may spend between 2 and 10 years in state jail.

First- and second-degree felonies are more severe and carry harsher penalties. These crimes often have a larger impact on lives and properties since they contain elements of violence, maliciousness, or extreme recklessness. Persons convicted of such felonies may receive up to life imprisonment. For example, a convicted rape offender may get life imprisonment, depending on the circumstances around the incident.

How to Look Up Third-Degree Felony Records in Texas

In Texas, interested individuals or entities can access and obtain copies of court records through resources provided by the state’s government entities. For instance, you may view online court records via the re:SearchTX platform. Inquirers must register an account and provide relevant information to view records on the platform.

In contrast, you may obtain physical copies of court documents from the court that handled the case. These courts, through their clerk’s office, provide access to records in their custody via mail-in or in-person methods.

Probation and Parole for Third-Degree Felony Offenders

In Texas, a parole is the conditional release of an eligible offender from jail or prison. Third-degree felony offenders may become eligible for parole after completing the required percentage of their prison sentence. Note that the percentage differs on a crime-by-crime basis. For instance, third-degree offenders generally become eligible for parole after completing one-fourth of their prison sentence. However, an offender can become eligible for medical parole at any time, provided they are physically and mentally incapacitated.

Texas trial courts may impose probation as an alternative to prison time for third-degree felony offenses. The court determines who is eligible for probation by considering the type of offense, prior convictions, and the risk to the general public. Offenders are required to fulfill the probation requirements, including paying restitution fines or performing community service.