A third-degree felony in Texas is punishable by two to ten years in state prison and a fine of up to $10,000. It sits in the middle of the state’s five felony tiers, more serious than a state jail felony but below first- and second-degree felonies. Common examples include a third DWI, stalking, theft of property worth $30,000 to $150,000, and firing a gun at a person, home, building, or vehicle.
Where It Falls in the Texas Felony System
Texas sorts felonies into five levels: capital, first-degree, second-degree, third-degree, and state jail. A third-degree charge is the second-least severe of the five. The classification matters because it sets the sentencing range, shapes bail, affects parole eligibility, and determines whether a prior record can push punishment into a higher tier.
Crimes Charged as a Third-Degree Felony
Many third-degree felonies in Texas involve repeat conduct or acts that put others in serious danger. Frequently charged offenses include:
- A third DWI conviction. The same third-degree level applies when a person has one prior intoxication manslaughter conviction, even if the current case is only a second DWI.1State of Texas. Texas Penal Code 49.09 – Enhanced Offenses and Penalties
- A first stalking offense. A second stalking conviction becomes a second-degree felony.2State of Texas. Texas Penal Code 42.072 – Stalking
- Theft of property valued at $30,000 or more but less than $150,000. The same classification covers livestock theft and certain controlled-substance thefts from pharmacies or warehouses regardless of value.3State of Texas. Texas Penal Code 31.03 – Theft
- Assault on a public servant performing official duties when the attacker knows the victim’s status. The same conduct against a civilian would be a Class A misdemeanor.
- Tampering with physical evidence connected to a criminal investigation. If the evidence is a human corpse, the offense rises to a second-degree felony.4State of Texas. Texas Penal Code 37.09 – Tampering With or Fabricating Physical Evidence
- Deadly conduct with a firearm, which covers knowingly firing a gun at or toward a person, an occupied home, a building, or a vehicle.5State of Texas. Texas Penal Code 22.05 – Deadly Conduct
The full list is much longer. Many lower-level charges can also be enhanced to third-degree status based on the defendant’s history or the circumstances of the offense.
Prison Time and Fines
A conviction carries two to ten years in the Texas Department of Criminal Justice, plus a possible fine of up to $10,000.6State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment Where the sentence lands within that range depends on the facts of the case, the defendant’s background, and any mitigating or aggravating evidence presented at sentencing.
How a Prior Felony Increases the Punishment
If the prosecution proves at trial that the defendant has a prior felony conviction other than a state jail felony, the third-degree charge is punished as a second-degree felony. The sentencing range jumps to 2 to 20 years in prison.7State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders
The age and type of the prior don’t matter. A decades-old felony from another state can trigger the enhancement. Anyone facing a third-degree charge with any prior felony on their record is realistically looking at double the standard maximum.
Probation Instead of Prison
A conviction doesn’t always mean prison time. A judge can place the defendant on community supervision, commonly called probation. A jury can also recommend probation, but only when the defendant has no prior felony convictions.
The maximum probation term is ten years for most third-degree felonies. Two categories have a shorter five-year cap: property offenses under Title 7 of the Penal Code (including theft) and drug offenses under Chapter 481 of the Health and Safety Code.8State of Texas. Texas Code of Criminal Procedure Article 42A.053 – Judge-Ordered Community Supervision
Conditions usually include regular check-ins with a supervision officer, drug and alcohol testing, maintaining employment, and completing any ordered counseling or treatment. If a condition is violated, the judge can revoke probation and impose the original prison sentence.
Deferred Adjudication
Deferred adjudication is a separate option. The defendant pleads guilty or no contest, but the judge withholds a formal conviction and places the person on community supervision. If supervision is completed successfully, the case is dismissed and no conviction appears on the record.9State of Texas. Texas Code of Criminal Procedure Article 42A.102
Because there’s no final conviction, many of the collateral consequences of a felony record are avoided, and the person may later qualify to seal the record through a nondisclosure order. Deferred adjudication isn’t available for every third-degree felony, though. A third DWI enhanced under Penal Code Section 49.09 is one of several offenses specifically excluded.9State of Texas. Texas Code of Criminal Procedure Article 42A.102 A violation during the deferred period lets the judge enter a conviction and impose any sentence within the full statutory range.
When Parole Becomes Possible
For a prison sentence, most people convicted of a third-degree felony become parole-eligible once their actual time served plus accrued good-conduct time equals one-quarter of the sentence or 15 years, whichever is less.10State of Texas. Texas Government Code 508.145 – Eligibility for Release on Parole On a ten-year sentence, eligibility can arrive after roughly two and a half years of actual time, assuming good-time credit. Eligibility is not release: the Texas Board of Pardons and Paroles reviews each case and can deny parole.
Consequences That Outlast the Sentence
A felony conviction in Texas triggers restrictions that persist long after release. These often matter more day to day than the sentence itself.
Voting Rights
A felony conviction suspends the right to vote until the sentence is fully completed, including any prison time, parole, and probation. Eligibility is then automatically restored without any application.11Texas Secretary of State. Effect of Felony Conviction on Voter Registration A person who received deferred adjudication and was never convicted does not lose voting rights.12State of Texas. Texas Election Code 11.002 – Qualified Voter
Firearms
Texas law bars a convicted felon from possessing a firearm for five years after release from confinement or community supervision, whichever comes later. After five years, possession is allowed only at the person’s home. Carrying a gun anywhere else remains illegal.13State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm Federal law imposes a separate, generally lifetime ban on felon firearm possession that applies no matter what Texas allows.
Sealing a Record
Texas allows some people to seal a criminal record from public view through an order of nondisclosure. For felonies, this is only available to people who received deferred adjudication, successfully completed it, and had the case dismissed. Anyone formally convicted of a felony is not eligible. Qualifying petitioners still face a five-year waiting period after discharge and dismissal.14Texas Courts. An Overview of Orders of Nondisclosure
Several offenses are permanently ineligible for nondisclosure regardless of outcome, including stalking, murder, trafficking, and any offense requiring sex offender registration.14Texas Courts. An Overview of Orders of Nondisclosure Any later criminal conviction during or after the deferred period, other than a traffic fine, also disqualifies the person.
Employment and Professional Licensing
A felony conviction can limit job opportunities and disqualify a person from holding certain professional licenses. Many employers run background checks, and a felony conviction remains visible on criminal history unless sealed. Licensed professions in healthcare, education, law enforcement, and finance may deny or revoke a license based on a felony record, depending on the offense and the board’s standards.
Housing and Public Benefits
A felony conviction can affect eligibility for public housing. HUD does not impose a blanket ban, but local housing authorities set their own admission policies. Federal law mandates denial only for people convicted of manufacturing methamphetamine in federally assisted housing and for lifetime-registered sex offenders.15HUD Exchange. Are Applicants With Felonies Banned From Public Housing or Any Other Housing Funded by HUD Drug-related felony convictions can restrict SNAP and TANF eligibility, though the rules vary by state and many states have modified or opted out of the federal ban.