§ 12.34. THIRD DEGREE FELONY PUNISHMENT. 

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

  • Brad Stephens

    What would happen if a resident alien were to commit a 3rd degree felony?

  • kk

    My friends older brother is a total loser and works at a job geting paid “under the table” he has worked there for a couple of years making $20 an hour but only works like 10 hours a week. He has never paid his taxes. If I turned him in would anything happen? Or would the IRS not really care because it would be a huge case?

  • April

    What would happen if you are a 14 year old girl and you get third degree felony charges, Driving while drunk, and evading arrest.

  • What would happen if you are a 14 year old girl and you get third degree felony charges, Driving while drunk, and evading arrest.

  • jane

    What happens if you have been a permanent resident for five years (since I was a minor) and I get charged with a 3rd degree felony for theft. I am supposed to be getting married on June 14th….What are the chances of me being deported? What about plea bargins?

  • michael

    my two downloaded virzuz into the shcools network with a flash drive now i bought that flash drive off him not knowing that he did that now my pincle says that im spousely part of this now could you tell me what would be my punishment im only 13 so i dont know if it would be different plz plz plz plz meassge me as soon as possible

  • mike

    my two feirnds downloaded virzuz into the shcools network with a flash drive now i bought that flash drive off him not knowing that he did that now my pincle says that im spousely part of this now could you tell me what would be my punishment im only 13 so i dont know if it would be different plz plz plz plz meassge me as soon as possible

  • kyle

    My younger brother is in 6th grade and this afternoon was assaulted by another student [According to Texas Penal Code 22.01. ASSAULT. (a)(1)(b)] this is a class A misdemeanor is the student who did this held accountable for their actions? (because the student is a minor)
    Also while researching the afformentioned occurence i came across Texas Penal Code 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a)(3)(f) which classifies the afformentioned occurence as a felony of the third degree. Does this also apply to the minor? Please help me clarify and answer my questions. thank you.

  • alicia

    what would happen if you had gotten pulled over and refused to take a breathalizer test and was placed under arrest. Your charges were third degree felony and this was your third dwi charge what would be your options.

  • G

    I have been indited for theft charges (20,000-100,000) I worked at the same place that someone actually did take the money, and they are trying to say since i worked there i knew about it wich I absolutly did not. i have never been in trouble so i was wondering what could happen. I have plead not guilty to everything and i am now waiting for a trial! It has been over 4 years now! please help

  • yvonne

    If you get stopped for dwi and harrassement of a public servent – spitting and the harrassement is a 3rd degree felony charge and the police broke nose what can the outcome be, court is 2 weeks away

  • yvonne

    if you get stopped for dwi and harrassement of a public servent – spitting and the harrassement is a 3rd degree felony charge and the police broke nose what can the outcome be, court is 2 weeks away

  • lynn

    hello i have a question. i am being charged with a 3rd degree felony for welfare fraud but i dont feel it is all my fault to be charged. my husband was not living here when i applyed but his stuff was still here and his address was not changed from here which my case work knew when i applyed now there saying he lived here the whole time but he didnt he would stay maybe here 4 times a month to see your sons but thats it. well an investergator came one day and he was here when my husband showed up to look at my van which was acting up and my husband told him he was not staying here he was staying in his truck or at a friends well later the investtogator went to friends and talked to his father instead of the right person which told the investorgator that he has not seem him and that he does not stay there. now which is coming back to me as lying which i didnt i told them the truth he was not living here.

  • TERESA

    if the police lie about why they stop someone and put it in there report and later you find out it was not ture then what can be done.
    The Police Stated That They Made The Stop For A Faulty Tail Lite The Cruiser’s Video.Audio/Video Show The Rear Of The Car Being Pulled Over And It Reveal The Tail Lights On The Car Was Not Out, Then A ILegal Traffic Stop And A ILegal Search Was Made And This Is Shown To Be True. Then All Evidence Found There After Is No Good Based Upon The Rules Of Evidence Placed On A Person. I Need To Know Is This True. So What Can I Do.But If They Did The Robbery And The
    ILegal Traffic Stop And Search Was Made Do They Still Have A Case I’m Just Asking I Really Just Need Some Answer.

  • karen mcguire

    my brother-in-law was arrested aproximately 9 days ago and still does not have an attorney but has been asking for one from the beginning. when should he expect to be appointed an attorney?
    he cannot read and has a very low iq. and is in need of an attorney now.

  • Bub

    My son was arrested in sanson park near fort worth.He was giving a girl a ride and all of a sudden the local Police pulled him over. The girl claimed the 1/2 gram of meth was his. The officer said “I know her” and let her go. He was charged with a 3rd degree felony. The officer told my son that if he knew and would help set up some drug users the offense would never go to court. My son was arrested 6 years ago for drugs but it only shows a misdermener on his record. He is now drug free and has drus reports to prove. In tarrent county, what could we expect if it goes to court.
    Thanks

  • Carl Tarver

    My X-Wife wishes to pursue a Third Degree Felony for my son at the age of 17 moving to Texas on his own and emancipating himself from her, is this possible, and if it is what should I do….He does not wish to live with his mother, but she has filed a motion under CRIMES CODE 18 Pa.C.S.A. §2904 INTERFERENCE WITH CUSTODY OF CHILDREN. Please let us know……Thanks

  • blake

    i have two 3rd degree felony coming up. i turned my self in and turned back all the stolen property. is it possible that it can be droped down to 2 class a’s because it is my first offence as an adult??

  • Cleo

    I did something pretty crappy. I work at a local restraunt and a girl I knew from high school came in, after she paid with her bank of america credit card, she left it in my book. (waiters tip book,) 2 days later, I used her card, not thinking I would get caught. I use it for gas, and then some other things… and it did not exceed $115.00. I heard this is a felony. I talk to the investigator because I got arrested for it, and had no idea i even had a warrant, because it happened 7 months ago. I am out on bail, until I have a court date, and have yet to hear about one. I have an attorney who is a family friend. The investigator said I knew the girl, that he has picked me out of a line up… and can only catch me at one of the places I used the card. I have never had a felony before, and am waiting for a court date. What am I looking at here? I have never had a felony, only a deffered theft of under $50.00. I;m worried that it will be something bad… could you give me a hint as to what I am to expect. Is there a way I can have these charges dropped, or get a plea bargain?

    Thanks.

  • LISA

    My boyfriend is in jail for a dwi they have it as a 3rd degree felony and on the indictment paper they crossed it out and put 1st degree hanhanced dont understand also his parolle was to be up feb 12 what happens to that and he passed the field soberity test

  • LISA

    My boyfriend is in jail for a dwi they have it as a 3rd degree felony and on the indictment paper they crossed it out and put 1st degree hanhanced dont understand also his parolle was to be up feb 12 what happens to that and he passed the field soberity test

  • LISA

    My boyfriend is in jail for a dwi they have it as a 3rd degree felony and on the indictment paper they crossed it out and put 1st degree hanhanced dont understand also his parolle was to be up feb 12 what happens to that and he passed the field soberity test

  • EX BOYFRIEND

    Hello my exboyfriend has alot of charges pending, 3rd drgree felony about how much time do you think he could be facing,,?

    FJ020716 TAMPER FABRICATE PHYSICAL EVID W/INTENT TO IMPAIR
    3/2 12/17/2008 – Held $20000.00
    BAIL BOND $0.00
    F016822 RESIST ARREST SEARCH OR TRANSPORT
    3-2 12/17/2008 – Held $5000.00
    BAIL BOND $0.00
    F016821 OBSTRUCTION OR RETALIATION
    3-2 12/17/2008 – Held $20000.00
    BAIL BOND $0.00
    08-21657-SL PEARLAND/DISORDERLY CONDUCT
    PEARLAND 01/08/2009 – Held $305.00
    BAIL BOND $0.00
    08-20349-SL PEARLAND/PUBLIC INTOXICATION
    PEARLAND 01/08/2009 – Held
    $330.00
    08-17604-SL PEARLAND/ASSAULT
    PEARLAND 01/08/2009 – Held
    $505.00
    08-16534-TR PEARLAND/FTMFR
    PEARLAND 01/08/2009 – Held
    $380.00
    08-16533-TR PEARLAND/DWLI
    PEARLAND 01/08/2009 – Held
    $580.00
    08-16532-TR PEARLAND/EXPIRED MVI
    PEARLAND 01/08/2009 – Held
    $230.00
    I would appreciate your help.. Thanks

  • Tammy

    my son was busted May a year ago for selling marijuana in a drug free zone. He was 17 at the time. They have servelance camera’s, an 11 year old that was wired when he came to buy and he also had marked money, which was found in the apartment later that night when the DEA busted him. His plea bargain from the DA is 2 years at TYC for a third degree felony. First time as an adult to be in trouble with the law. Do you think he should take the 2 years or go to court? If he does choose court, could they be harder on him? What would you do?

  • danielle

    My fiance has been indicted for injury to a child 3rd degree felony. We have a court appointed attorney. We are waiting on the court date he got indicted on Tuesday. How long does it usually take for someone to go to trial. Is he going to prison will they do a plea bargain???? I have 2 kids and then we have a 6 month old together CPS wont let him be around them without supervision will this ever change??!! Or after the court date and everything will we know more do I just have to wait several months to know the answers??!!

  • Tiffany

    I was charged with a third degree felony for taking away a knife that my ex pulled on a couple in a Walmart parking lot. The couple told the police that I was trying to help the situation the whole time and the officer wrote a good report about me. But what is the likely outcome of this situation for me?

  • BRIT

    My mother in law was arrested the day she received test results stating her husband had liver cancer and would live for another 2 months at most. She got her 3rd dwi after leaving the hospital. The last thing on her record was in 1996, 13 years ago. Is there a chance she can plead to a lesser charge or avoid doing prison time? She’s sat 6 months now without a court date and cannot bond out due to a parole hold that is a simple mistake in paper work from the time served in 1996. Help. any advice welcome – make subject line- DWI #3 & send to brizzlesau@yahoo.com thanks!

  • Lou

    My son was charged with assult on a public officer. He had gotten into a fight with his wife and there was a lot of yelling. She called the Police and when they came out he was still very upset. However, the police ordered him to come out of the house asking first if there was a weapon. They were told NO there was no weapon. When he went outside through the carport the police grabbed him the very second he stepped from beside the vehicle. They put a handcuff on one of his wrist and started throwing him around trying to handcuff the other wrist. Yes, my son was resisting arrest, and he was fighting for his life because of what and how the police officers were hitting him. We tried telling them he had back surgery and to please not hit him in the back. They threw him to the ground with his arm underneath him and kept yelling to him to bring his arm out. His arm was pinned beneath him on a broken asphalt drive because one officer was sitting on top of him while another was trying to spray maze in his eyes and another was kicking him. The officers DID NOT EVEN TRY TO TALK HIM DOWN…They just instantly grabbed him and he was scared for his life !! Now ….one of the police officers charged him with assult. The officer was not even hurt and did not require medication of any kind. My son did tell him if he were not a police officer he would do something, but he never said he would kill him or anything like that.

    My son was already provoked by his wife with her jealousy saying he was talking to another woman when in fact he was talking to his son on the phone. The argument just got worse and worse and yes there was a family disturbance, but nothing that wouldn’t have calmed down in a bit. When the police arrived it only made matters worse and especially when the police did not even try to talk to my son.

    Now the county wants to send my son to prison for 10 years !!! There has been a recent murder trial in our area where a man was sentenced for only 5 years! This does not seem to be justice !!! My son may get 10 years for resisting arrest and a man that helped in a murder only gets 5 years.

    Please tell me how this can happen ?
    My son is not a criminal. He is a good decent man that would give the shirt off his back to a stranger, and has..He helps anyone that he can help and has a heart of gold. I’m not just a mother talking. A lot of people will tell you that.

    He cannot afford a paid lawyer and neither can we. How can the law do this ? How can they justify this kind of punishment ? If the police would have tried to talk to him instead of grabbing him and throwing him around they would have been able to keep him calm and this would not have happened.

    Thank you for listening…

  • jan

    Please Advise.. Thank You.

  • rob

    my brother got arrested for indecent exposerere to a minor under the age of 18 being 16 and the other 14 its 2 counts of 3 degree felonys but i didnt happen that way. he was with an escort friend having sexuall relations in a parking lot when these girls saw him and got his plates down and identify him from a picture he saw noone at the time but has an alpha david from the girl he was with his previous charge was almost the same but was from a girl he knew and was charged with indecent exposer put was dropped down to a public lewdness and got 6 months probation but is over now what can he do. is he faceing jail time or wat

  • rob

    my brother got arrested for indecent exposerere to a minor under the age of 18 being 16 and the other 14 its 2 counts of 3 degree felonys but i didnt happen that way. he was with an escort friend having sexuall relations in a parking lot when these girls saw him and got his plates down and identify him from a picture he saw noone at the time but has an alpha david from the girl he was with his previous charge was almost the same but was from a girl he knew and was charged with indecent exposer put was dropped down to a public lewdness and got 6 months probation but is over now what can he do. is he faceing jail time or wat

  • Stacey

    If your spouse is on probation for domestic violence and they have a gun what is the punishment?

  • Raymond Hernandez

    I Got Arrested In May 2008 Deadly Conduct With A Deadly Weapon, 3rd Degree Felony Its About To Be Two Years Since It Happen Are They Going To Anything About It?

  • jackie sanchez

    my boyfriend has two 3rd degree felonies how much time do you think hell get?? *Possession of marijuana under 10 pounds but more than 5…

  • Courtney

    My brother is being charged with 3rd degree felony escape while arrested and he is already serving one yr in state jail for revoked probation. When will he have court and what do you think he will be sentenced?

  • BLimon

    Hello, My husband is in jail with F3 POSS CS PG 1 1 GRAM MTN ENT ADJ GUILT ** RWOB **. He was previously on probation and a week before our wedding he went to report and his PO said that he can take the drug test after our wedding cause we didnt have a dime to our name at that point. Well he called her to go in to take the test and she told him he violated his probation and he needed to go in. Being newly married he went on the run and was recently caught after a year. What are chances of him getting out on probation again? Anf if he were to face time approximately how much time would he be looking at because I was recently diagnosed with liver disease and I am a high risk diabetic. I need my husband home to care for me. Please let me know what amount of time hes looking at thank you!

  • BLimon

    Hello, My husband is in jail with F3 POSS CS PG 1 1 GRAM MTN ENT ADJ GUILT ** RWOB **. He was previously on probation and a week before our wedding he went to report and his PO said that he can take the drug test after our wedding cause we didnt have a dime to our name at that point. Well he called her to go in to take the test and she told him he violated his probation and he needed to go in. Being newly married he went on the run and was recently caught after a year. What are chances of him getting out on probation again? And if he were to face time approximately how much time would he be looking at because I was recently diagnosed with liver disease and I am a high risk diabetic. I need my husband home to care for me. Please let me know what amount of time hes looking at thank you!

  • 3dfOC

    What happens if I’m a 17 year old who has friends that stole 4 golf carts and I admitted to riding one AFTER it as stolen and I’m being charged with Engaging in Organized Criminal Activity (3rd degree felony)? Reminder, I was an accessory at best. I did not have ANY involvment in the initial theft of the stolen property.

  • 3dfOC

    My friends were all minors… I had just turned 17 five days prior.

  • MGARCIA

    MY BOYFRIEND GOT CHARGE WIT 3RD DEGREE FELANNY FOR ASSULTING A SCHOOL COP WHILE I GOT INTO A FIGH BUT TIS TUESDAY HE WENT AND SAW HIS PO HES PO TOLD HIM THAT HE CODENT GET IN TROUBLE NOMORE OR HE WOULD GO TO JAIL FOR 6 MOTHS I WANT TO KNOW WHATS THE CONSACUENCES ON HIM HES ONLY 15 BOUT TO BE 16 ON OCTOBER,27

  • X

    Wow, there sure are a lot of people seeking free legal advice by leaving comments on a blog post.

    To everyone that’s commented here, I thank you for brightening up my day. You’re unanswered plights have made me realize just how lucky I am. I now value my quiet life ever so much more.

    A tip for anyone else that feels the need to blindly solicit legal advice for free;
    Don’t.

    But if you must, please double-check your spelling and refrain from using all capital letters, as those flaws make your posts all the more difficult to enjoy.

    Toodles!

  • angie c

    I have a 18 year old brother that was charge with a 3rd degree possossion of a fire arm on a school premises. this is his first offence what can we do for him not to go to jail on his court date.

  • x 2

    X you are to funny, I was watching First 48 hours & was looking up how much time your get for failure to report a crime & ran across this post… I’m glad you were not rude to these folks, they have very inportant question…. I’m sure if we were in the same situation we would be on here asking questions too!!! Happy New Year…

  • x 2

    X you are to funny, I was watching First 48 hours & was looking up how much time your get for failure to report a crime & ran across this post… I’m glad you were not rude to these folks, they have very inportant question…. I’m sure if we were in the same situation we would be on here asking questions too!!! Happy New Year…

  • LUIS

    AGAIN HAIL TO THE SOUTH SUCH AS TEXAS FOR THEIR NEW PROPOSAL FOR PITBULLS, IT’S LIKE THEY DON’T HAVE ANYTHING BETTER TO DO WHAT A BUNCH OF DUMB REDNECKS YOU HAVE MORE IMPORTANT THINGS TO DEAL WITH SUCH AS CRIME I HOPE YOU KNOW WHAT THAT IS THAN GOING AFTER DOGS THIS IS WHY YOU GUYS ARE SO EDGAMACATED GET MY DRIFT. AGAIN HAIL TO THE DUMB ASS REPUBLICANS….

  • LuVada Murguia

    I need help on the laws on firearms.
    My son was arrest and charged with possetion of firearm. His probation officer called for officer to come serch him and a car that does not belong to him. He was driving my car and they found a firearm in the truck. He did not know it was there and this probation officer was off duty. they say it does not matter whose car or gun it is as long as he is driving the car he can still be charged. can you please tell me what are the laws on firearms. He is being charged with 3rd degree felony and i had to bond him out on a 20,000 dollar bond. I am very discouraged with this probation officer. Thank You

  • Jackie

    my son is in jail on 3rd. degree charges of indencency with a child. He
    has never been in trouble before and says he is not guilty. They want him to plea bargin for 40 yrs. I say no what are his chances for a jury trail or a lesser plea bargan. His lawyer says to take the plea bargin what is your answer?

  • Dawn McCan

    My fiance is facing third degree felonys. Firstis a Strangulation charge on a family member. Also assault family member more than two times. He has a notarized letter saying the person made a mistake and was under the influene and reaching out for help. If you need more info i will give it. I would like to know what we need to do!

  • McKey

    My boyfriend is being charged with felony in 3rd degree for assault on police officer/ public servant. He already has misdemeanor charges for possession of marijuana. (less than 2 ounces) this is his first felony charge, how much time do you think he will get?

  • c white

    hello i have a question. i am being charged with a 3rd degree felony for welfare fraud over bank account that i failed to report. In addition to that my ex-boy friend added my name to his account so I could pay his bills because, he was a truck driver at the time. They are also charging me with the money he had in his account. Now this happened about four years ago and i want to know just how much trouble i am in?

  • Mommy2Be

    Um., is it possible for me to get probation or overnights?? My charge is assault on a officer & its been indicted .. Also there is a girl who wrote a statement against me is it possible for me to get probation since im almost 6 mnths pregnant and in school plus no bad history??

  • art

    Exwife denied me access to my son for the thanksgiving holidays in 2011. Divorce decree states I have possession of son for Thanksgiving on odd-numbered years. found out she withdrew him early from school the Friday before holidays and then they flew to Colorado, out of state for the week. Along with taking her to court for denying me access, can I also ask the city police to arrest her so she can be prosecuted for Kidnapping under Texas Penal Code 20 Section 20.03?
    thank you

  • kim

    I need an attorney that will file a motion for bond reduction..or a writ of habeus corpus. I am not employed but the man that needs this done has a great job that he will lose if he does not get out soon. He has the ability to pay a lawyer but not too pay 15 grand on a 150 thousand dollar bond …which was upped 100 grand because of a stupid comment he made. can you tell me what i would need to come up with to get this filed…

  • Ike

    What would happen to a 17 year old highschooler, that is accused of online harassment?

  • jena schroeder

    I have an attorney, just worried and am trying to get ahead of this horrible situation. The last dwi I got was in 2001. I had a wreck with my daughter under 15 and that happened a year ago. I retained an attorney immediately and just now was charged. I booked in and my attorney bonded me out due to retainer. I now am awaiting court and am worried about the outcome of this.I have been told I should request a “pre-trial”…………I am 51 and I raise a 9 year old by myself with no child support and I need to continue with our life and I can’t go to prison; my business would be ruined. I made a mistake, but I’ll do any classes/etc to continue to take care of my family……..any input is greatly appreciated.

  • Henry L.

    Trying to find out what my punishment will be for an engaging in organized criminal activities charge. First time being charged with a felony. Don’t have a lawyer. Only been to jail once for possession of marijuana.

  • j roberts

    We have a relative that was extradited form Az to Tx on a warrant for not filing as a sex offender. I understand this is a class F3. What are chances she will be released after going to court here in Amarillo? Or what is the penalty for this?

  • jose

    im gay. my boyfriend and i got in a fight. i threw his stuff out after all his family came inside to fight me. I only wanted to protect my 7 mo old nephew from possibly being hurt with a sword we had in our apartment. I was hit in the eye first but once everyone of his family came in, I had fought everyone. i was charged and bailed for a 3rd degree felony for aggravated assault. This is my first time offense and time in jail. What should I prepare myself for? He was hurt, but not intentionally as he was climbing in through a window I hit him with a mug. other than that I had been home and he came there.

  • jess

    what are the possible charges for theft by check? (forged payroll checks) each check was worth $379.60 and 4 such checks were cashed at various banks

  • tdg

    My husband is an abuser, always has been, always will be. it finally ended when he was arrested and now being charged w/3rd degree felony. i didn’t realize i was in an abusive relationship, i was convinced i could help him. now that the state is prosecuting him, he will kill me if he is convicted. but worse, what about the next wife, i was #5…i’m terrified he will get off these charges and be set free…yet at 51 i know prison will not help him. the cops were only called the last time…the pic’s alone are enough to prove his abuse..but what happens if by chance it’s reduced to misdemeanor?

  • tdg

    My husband is an abuser, always has been, always will be. it finally ended when he was arrested and now being charged w/3rd degree felony. i didn’t realize i was in an abusive relationship, i was convinced i could help him. now that the state is prosecuting him, he will kill me if he is convicted. but worse, what about the next wife, i was #5…i’m terrified he will get off these charges and be set free…yet at 51 i know prison will not help him. the cops were only called the last time…the pic’s alone are enough to prove his abuse..but what happens if by chance it’s reduced to misdemeanor?

  • Misti Hoover

    My boyfriend is facing 3rd degree felony domestic violence charge how can he get out of it how can I help

  • J Man

    How does a criminal charged with a third degree felony pay back a fine of up to $10,000?

  • Stacey dean

    What kind of sentence am I looking at for felony evading with my own vehicle, and now jumping bond?

  • B Gonzales

    My son was arrested and put in a detention center over night. he is being charged with retaliation 3rd degree felony just for watching a fight and not reporting it. Could he actually do time for this?? He is 14 years old and never has gotten in trouble good kid good grades good attendance

  • B Gonzales

    My son was arrested and put in a detention center over night. he is being charged with retaliation 3rd degree felony just for watching a fight and not reporting it. Could he actually do time for this?? He is 14 years old and never has gotten in trouble good kid good grades good attendance

  • Heisenberg

    Everyone who posted a comment here expecting legal advice is dumb.

    If you don’t pay them money first, they don’t care about you or your friend, boyfriend, son, ex, husband, brother or anybody else.

    They only care about Benjamin Franklin. In fact they care about him so deeply, you will need to give them many one hundred dollar bills with Benjamin Franklin’s face on the front of them before they will work for you.

    You’ll have better luck walking up to the McDonald’s counter and tell the cashier you and your family are hungry but don’t have any money.

    Bon appetit!

  • Desiree Granato

    My boy friend was arrested for domestic violence, assult impeding breathing I think he has prior assult charges but not sure what type. Will he get a bond set during his arraignment