Third Degree Felony in Texas — Charges, Consequences, and Defense

A third degree felony in Texas carries 2 to 10 years in prison and a fine up to $10,000. It is a serious charge — but in the right hands, third degree felony cases are among the most defensible in the Texas court system.

Call (512) 369-3737 if you or someone you know is facing a third degree felony charge in Travis or Williamson County.

What David White Says

The most common third degree felony case we handle is assault family violence with an allegation of strangulation or impeded breathing. What elevates a family violence assault from a misdemeanor to a third degree felony is that specific allegation — that the defendant impeded the alleged victim’s normal breathing or circulation by applying pressure to the throat or neck.

What I have learned in 22 years handling these cases is that alleged victims are often untruthful about the nature of the incident. That is not a comfortable thing to say publicly, but it is true and it shapes how we defend these cases. When someone is in a volatile relationship and law enforcement shows up, the account given at the scene is not always accurate. People exaggerate. People reframe. People say things in the heat of the moment that do not reflect what actually happened.

That is why it is imperative for the defense to explore every angle of the allegation — the prior relationship, the communications between the parties before and after the incident, the medical evidence or lack thereof, the consistency of the alleged victim’s account across multiple tellings, and whether the alleged victim is willing to cooperate with the prosecution as the case moves forward. The path to dismissal or reduction to a misdemeanor almost always runs through that investigation.

What a Third Degree Felony Means in Texas

Punishment range:

• 2 to 10 years in the Texas Department of Criminal Justice
• Fine up to $10,000
• Felony conviction on permanent record
• Loss of voting rights while incarcerated
• Loss of firearms rights
• Potential deportation consequences for non-citizens

Common third degree felony charges in Texas:

• Assault family violence — impeding breath or circulation
• DWI third offense
• Possession of a controlled substance — Penalty Group 1, 1 to 4 grams
• Stalking
• Deadly conduct — discharging a firearm
• Intoxication assault
• Violation of a protective order with prior convictions
• Escape from custody

How Third Degree Felony Cases Get Resolved

Dismissal. The strongest outcome. In assault family violence cases, dismissal often becomes possible when the full picture of the incident is developed — prior communications, medical evidence, witness accounts, and the alleged victim’s willingness to proceed. In drug cases, suppression is the primary path.

Reduction to a misdemeanor. A third degree felony reduced to a Class A misdemeanor is a life-changing outcome. The difference between a felony and a misdemeanor conviction determines employment eligibility, housing access, professional licensing, and firearms rights permanently. In assault family violence cases this reduction is a realistic and frequently achieved outcome when the defense builds the right record.

Probation. Third degree felony probation is available in Texas. Prison is rarely the right outcome on a third degree felony conviction and in most cases should be avoided — either through negotiation or through strong sentencing arguments if the case goes to trial. The sentencing phase is an underrated part of a defense attorney’s job.

Trial. When the evidence has real problems — a credible recantation, an inconsistent account, a constitutional violation in a drug stop — trial is sometimes the right call.

Assault Family Violence — Strangulation Allegations

The strangulation enhancement to a family violence charge is serious because it elevates the offense from a Class A misdemeanor to a third degree felony with a stroke of the alleged victim’s account. No visible injury is required. The allegation alone is enough to charge.

That makes the defense investigation critical. Key areas to examine:

Medical evidence. If strangulation occurred at the level alleged, there is typically medical evidence — petechiae, bruising, injury to the neck or throat. The absence of medical evidence consistent with the allegation is significant.

Prior communications. Text messages, social media, and call records between the parties before and after the incident often tell a different story than the account given to law enforcement at the scene.

Consistency of the account. How the alleged victim described the incident to law enforcement, to medical personnel, to family members, and later to prosecutors — inconsistencies across those accounts are powerful impeachment material.

The alleged victim’s participation. Texas has a no-drop prosecution policy on family violence cases — meaning the DA’s office can proceed even if the alleged victim recants or refuses to cooperate. But a case where the alleged victim is actively uncooperative is a weaker case than one where they are not.

Recent Result — 147th District Court, Travis County, 2026

In a 2026 Travis County 147th District Court case, a client facing sexual assault, aggravated assault with a deadly weapon, and assault family violence with impeded breath — three serious felony charges — resolved with sexual assault dismissed, aggravated assault dismissed, and the family violence charge reduced to a misdemeanor assault with no finding of family violence. That last detail matters enormously. A family violence finding in Texas is permanent, unsealable, strips firearms rights for life under federal law, and creates a presumption against child custody under Texas Family Code 153.004. Two years of investigation and negotiation produced an outcome that protected the client from every one of those consequences.

Third Degree Felony Defense in Travis and Williamson County

Third degree felony cases in Travis County are heard in the district courts at the Blackwell-Thurman Criminal Justice Center. Williamson County third degree felonies are heard in the district courts in Georgetown — where Taylor Kacir is in the firm’s office daily.

The Law Office of David D. White, PLLC has handled third degree felony cases across Travis, Williamson, Hays, and surrounding counties for 22 years. David White has never prosecuted a case. Kenneth Hines and Taylor Kacir handle cases alongside David.

Call (512) 369-3737 any time — attorneys answer after hours.

Free consultation. Flat-rate fees. No obligation.