Austin Attorney for Third-Degree Felony Charges

If you are charged with a third-degree felony in Austin, you face serious penalties. A conviction also becomes part of your permanent record and can follow you into every job application, lease, and background check for the rest of your life. The good news is that a charge is not a conviction, and the right defense can change the outcome.

If you are dealing with a felony charge right now, our firm can step in and start protecting your rights today. O’Connell West, PLLC, defends clients in person from our Austin office instead of handling your case entirely online, and you can read more about our firm. Call 512-547-7265 or contact us online to request a case evaluation.

Why Hire Our Firm for a Third-Degree Felony Case

When your freedom is at risk, you want a firm that has stood in front of Texas juries and won. Our attorneys prepare every felony case as if it is going to trial, which puts us in a stronger position whether we are arguing for a dismissal, a reduction, or an acquittal. You can review our results and read client testimonials to see how we have handled serious charges.

We also believe you deserve a lawyer you can sit across from. Unlike firms that work only over the phone or by video, we meet you in person so you understand your options from your first meeting through your final hearing. To see how we approach your specific charge, reach out to our Austin criminal defense team.

What Counts as a Third-Degree Felony in Texas

A third-degree felony sits in the middle of the Texas felony system, above state jail felonies and below second-degree felonies. Many offenses fall into this category. Common examples include:

• A third DWI offense
• Stalking on a first offense
• Assault on a family member with a prior family-violence conviction
• Tampering with or fabricating physical evidence
• Possession of certain controlled substances between one and four grams
• Intoxication assault

The specific statute that defines each offense controls whether it is graded as a third-degree felony, but once an offense carries that grade, the punishment range in Texas Penal Code § 12.34 applies.

Penalties and Long-Term Consequences

A third-degree felony conviction reaches far beyond the courtroom, as penalties include 2 to 10 years in prison and a fine of up to $10,000 under Texas Penal Code § 12.34. Additionally, you can face lasting consequences that touch daily life, such as:

• Loss of the right to own or possess a firearm
• Trouble finding a job or housing with a felony record
• Loss of certain professional licenses
• Loss of voting rights until your sentence is fully served

This is why fighting the charge early matters. The sooner our firm reviews the evidence, the more options you have.

How Penalties Increase for Repeat Offenders

Under Texas Penal Code § 12.42, a prior felony record can raise the punishment range. A third-degree felony can be punished as a second-degree felony if you have one qualifying prior felony conviction, which lifts the ceiling from 10 to 20 years. That change alone shows why the details of your history matter to your defense.

How a Third-Degree Felony Charge Can Affect Service Members

A felony charge does not stay in the civilian courtroom if you are on active duty. Even while your case moves through a Texas court, your command can pursue a separate action under the Uniform Code of Military Justice (UCMJ), and the two processes can move on different timelines with different consequences.

A pending or resolved felony charge can also put your security clearance at risk, since a felony arrest or conviction is exactly the kind of issue a clearance review looks at. Depending on your branch and status, a felony charge can affect reenlistment eligibility, a pending promotion, or a commissioned officer’s ability to remain on active duty.

Because a felony charge can affect both your case and your career at the same time, we make it a priority to meet with service members in person rather than managing a case of this weight through a screen or a phone call.

How Our Firm Defends Third-Degree Felony Charges

Every case has weak points, and our job is to find them. Depending on the facts, a defense to a third-degree felony charge might involve:

• Challenging an illegal stop, search, or arrest
• Questioning the reliability of lab results or witness testimony
• Showing the state cannot prove every element beyond a reasonable doubt
• Negotiating a reduction to a misdemeanor
• Presenting evidence that supports a full dismissal

We investigate the state’s case, file the right pretrial motions, and prepare for trial from day one. That preparation often creates leverage for a better plea, and it puts you in the strongest position if your case does reach a jury. We also keep you informed throughout the process, so you always know where your case stands and what comes next.

Frequently Asked Questions

What Is the Difference Between a Third-Degree and a State Jail Felony?

A state jail felony is less serious. It carries 180 days to 2 years in a state jail facility under Texas Penal Code § 12.35, while a third-degree felony carries 2 to 10 years in prison. The grade of your charge controls the punishment range, so confirming how your offense is classified is one of the first things to check.

How Long Does a Felony Case Take in Austin?

It varies. Some cases resolve in a few months, while others take a year or more if they go to trial. Backlogs in the Travis County courts and the complexity of the evidence both affect the timeline.

Will You Have to Go to Jail Before Trial?

Not necessarily. After an arrest, a judge sets bail, and you can often be released while your case is pending. Our firm can request a bond reduction if the amount is too high for your situation.

Can a Third-Degree Felony Be Removed From Your Record?

Sometimes. If your case ends in a dismissal or acquittal, you may qualify for an expunction. If you receive deferred adjudication, a form of probation that avoids a formal conviction, you may be eligible for an order of nondisclosure that seals the record. Eligibility rules are strict, so it is worth asking about your own situation.

Take Action on Your Felony Charge Today

A felony charge is one of the most serious things you can face, and the sooner you act, the more your defense team can do. Our firm is ready to review your case, protect your rights, and fight for the best possible outcome, all from an office where you can meet us in person. O’Connell West, PLLC has stood beside Texas clients through charges like yours, and we are ready to stand beside you. You can learn more about our firm, or call 512-547-7265 or contact us online to request a case evaluation.