Third Degree Felony Charges in Texas

Third-degree felonies are serious crimes with significant penalties, including possible imprisonment and steep fines. If you or someone you know is facing third degree felony charges in Texas, you’ll want to hire a trusted Austin criminal defense attorney for experienced legal guidance. At the Law Office of David D. White, PLLC, we can help you deal with third-degree felony charges in Texas with a strategic, thorough defense.

What Is a Third-Degree Felony?

In Texas, felonies are categorized by degrees based on the seriousness of the crime. A third-degree felony falls somewhat in the middle of the felony hierarchy. These crimes are considered more serious than misdemeanors and State Jail Felonies, but less severe than first-degree and second-degree felonies.

Common examples of third-degree Texas felonies include:

• Assault Family Violence Impede Breath/Strangulation
• Possession of a controlled substance (Penalty Group 1) more than 1 gram but less than 4 grams
• Fraudulent use or possession of identifying information
• Theft of property worth between $30,000 and $150,000
• DWI with a Child Passenger
• Evading Arrest with a Vehicle

Penalties for Third-Degree Felonies in Texas

Third-degree felonies in Texas carry penalties that can have a lasting impact on an individual’s life. The maximum punishment for a third-degree felony conviction in Texas includes:

• Imprisonment ranging from 2 to 10 years
• Fines of up to $10,000
• Probation, with specific conditions

The specific penalties can depend on the nature of the offense and the defendant’s criminal history. Again, having an Austin Criminal Defense Attorney in your corner can make a world of difference.

Conditions of Probation for Third-Degree Felonies

The conditions of probation for third-degree felonies typically include:

• Regular reporting to a probation officer
• Mandatory drug testing
• Completion of community service
• Required attendance at counseling or treatment programs
• Prohibition from contact with specific individuals involved in the offense
• Compliance with all court orders and conditions set by the judge

How to Avoid Prison for a Third-Degree Felony

The thought of going to prison is terrifying. However, there are strategies that, with the help of an experienced, adept Austin criminal defense attorney, could make this possible:

• Hire an experienced Austin criminal defense lawyer: Hiring an experienced Austin criminal defense lawyer is crucial. We will thoroughly evaluate your case, identify any weaknesses in the prosecution’s evidence, and develop a strong defense strategy tailored to your specific situation.
• Negotiate a plea deal: As your attorney, if we determine trial is not necessarily in your best interest, we utilize any mitigating factors towards securing a favorable plea arrangement that is geared specifically towards the client’s particular interests. It’s not uncommon to have a 3rd Degree felony charge reduced to a misdemeanor under the right circumstances.
• Challenge the evidence: As your criminal defense attorney, we will examine the evidence against you and the manner in which it was obtained. If any constitutional rights were violated or there are doubts about the credibility of the evidence, our legal team can file motions to suppress or exclude evidence, which will weaken the prosecutor’s case.
• Explore diversion programs: Depending on the nature of the offense and your eligibility, we may explore diversion programs that offer an opportunity for rehabilitation instead of imprisonment.  Successful completion of most diversion programs render the client eligible to Expunge the arrest completely when statutorily eligible.

Defending Against Third-Degree Felony Charges

As Austin criminal defense lawyers, these are some common strategies we use for third-degree felony charges:

• Lack of intent: As your attorney, we could argue that there was no criminal intent involved, which is a crucial element that must be proven.
• Mistaken identity: If there are doubts about your involvement in the offense, we can present evidence suggesting that you were mistakenly identified as the perpetrator.
• Insufficient evidence: We will carefully review the evidence against you and challenge its credibility or reliability. We will also look for any procedural errors made during the investigation or arrest process that could lead to the exclusion of evidence. Prosecutors must be able to prove their case in trial beyond a reasonable doubt.
• Self-defense: If you were charged with an offense involving physical harm, as your attorney, we might argue that you acted in self-defense.
• Fourth Amendment violations: Your attorney can also file a motion to suppress evidence if there are concerns about illegal searches or seizures that violated your Fourth Amendment rights.

Contact an Austin Criminal Defense Lawyer for Free Consultation Now

Our team of eloquent, persuasive, and hard-working Austin criminal defense attorneys handles each case together, bringing three attorneys’ perspectives to protect your rights and navigate the complexities of your case. Don’t face these charges alone. Contact the Law Office of David D. White, PLLC. To set up a free case review, contact our office now.