Posted On: October 22, 2008 by Troy P. Burleson

Punishment Range for a Third Degree Felony in Texas

By Collin County Criminal Attorney Troy P. Burleson

Section 12.34 of the Texas Penal Code sets out the punishment range for a third degree felony in Texas. According to the Texas Penal Code a third degree felony is punishable by:

(a) Confinement in prison for a term of not more than 10 years or less than 2 years; AND
(b) A fine not to exceed $10,000.

Community Supervision and a Third Degree Felony

If a person is eligible for probation, he or she may be place on probation instead of imprisoned for:
a) Up to 10 years of deferred adjudication community supervision; OR
b) From 2 to 10 years of post conviction community supervision; AND
c) Up to 180 days in county jail as a condition of probation.

If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 2 to 10 years.