A third-degree felony conviction entails a sentence of 2 to 10 years in prison. They are the second-least serious sort of crime in Texas. They are, nevertheless, more severe than any misdemeanor. It does not matter what kind of evidence can be used to prove guilt; allegations in the criminal complaint are sufficient.
The possible penalties for a third-degree felony depend on several factors, including how many previous convictions the defendant has, as well as whether the defendant receives probation or parole. If convicted of a subsequent offense, the penalty will increase dramatically. Third-degree felonies are also known as middle degree felonies because they are neither first-degree felonies (capital crimes) nor misdemeanors (minor crimes).
Third-degree felonies are considered "serious" crimes that require imprisonment. However, even those who are sentenced to prison may be granted probation or parole after completing a jail term. Probation and parole are forms of punishment designed to keep criminals from serving all of their time in prison. Under certain conditions, individuals can be released before the end of their sentences.
Probation means that the defendant is under official supervision but may remain free from incarceration. As part of the sentence, the defendant must comply with certain terms and conditions set by the court.
From two to ten years Punishment for Third Degree Felony-Texas Penal Code SS 12.34 If a person is convicted of a 3rd degree crime in Texas, he or she may be sentenced to prison (Texas Department of Criminal Justice-Institutional Division) for 2 to 10 years. Upon release from prison, the person will have to comply with several conditions to regain his/her right to vote and hold public office.
These conditions include: completion of community service; payment of fines and court costs; and successful completion of any prescribed treatment programs for addiction or mental health issues. If the person fails to comply with these conditions, his/her rights can be revoked again. However, if the person commits a new criminal offense, his/her rights would not be reinstated.
Once a person's rights have been revoked, they cannot be restored except by expungement. Expungement is the removal of an arrest record. Under certain circumstances, an individual who has had their rights removed can apply for re-instatement. The decision to grant or deny this application is up to the discretion of the judge who granted the original order revoking rights. No one else can make this decision for you.
Individuals who have had their rights removed but then are subsequently arrested and charged with a new offense can seek restoration of their rights through an application before a judge.
Punishment for Third Degree Felony-Texas Penal Code SS 12.34 Community supervision (probation) or deferred adjudication may also be granted depending on a person's criminal history and the circumstances of the accusation. Probation for a third-degree felony is typically 2 to 10 years. Deferred adjudication is an alternative form of punishment that allows a defendant to escape prosecution if certain conditions are met after sentencing.
State jail offenses in Texas are punished by 180 days to two years in state prison and a fine of up to $10,000. If politicians classify a crime as a felony but do not define it as a specific type of felony or impose a specified term, the offense is classified as a state prison felony. The judge can sentence a defendant to up to 10 years in prison for a state jail felony. Additionally, the judge can order the defendant to pay a fine up to $10,000, perform community service, take drug counseling classes, or any combination thereof.
Texas law requires that anyone convicted of a felony serve some form of incarceration. Whether it's a few months in county jail or a few years in state prison, the conviction will appear on your criminal record. Even if you're not convicted of a crime, the fact that you were arrested for an offense may affect your ability to get employment or a license.
The sentencing guidelines for judges in Texas determine how long a person will be sent to prison after being convicted of a felony. The three main factors considered by judges are the seriousness of the crime, the circumstances surrounding the crime, and the defendant's history. Judges also consider whether the defendant has other crimes for which they have not been prosecuted. Finally, judges may give defendants who show remorse for their actions probation instead of sending them to prison.
In Texas, only judges can grant probation.
Avoiding Arrest or Detention in Texas: What the Law Says It is a third-degree crime if you have a prior conviction, but it is a fourth-degree felony if this is your first conviction of escaping police while in a motor vehicle. A fourth-degree felony might result in a prison sentence of 180 days to two years and/or a fine of up to $10,000. Additionally, if you cause serious bodily injury or death during your escape, this would be second-degree felony charge. Serious bodily injury includes physical conditions that involve severe pain or the risk of death. Death would require more than just moderate pain or illness.
The legal definition of "escape" varies by state. In Texas, it's when you leave any facility without permission or fail to return after being directed to do so. This can include jail, prison, juvenile detention center, or community supervision facility.
If you are arrested for escape in Texas, the arresting officer must take you before a magistrate within 24 hours. If there is no complaint filed or an indictment is not returned against you, the case will be dismissed at the next available court date.
Running from the Police is Not a Good Idea! Escaping custody may be dangerous if you're not prepared for it. The police don't give warning signs about when they are going to make their moves in order to catch you off guard. Being aware of how an arrest works will help you avoid getting caught up in the first place.