From bank fraud to forging stocks, bonds, or cash, there are a variety of activities in Texas that can land you with a third-degree felony. Let’s take a look at the five most common ones:
1. Theft
According to the law, theft occurs when a person unlawfully appropriates property with intent to deprive the owner of the property. In the state of Texas, theft counts as a third-degree felony if the value of the property stolen is between $30,000 and $150,000, or if the property is:
- a controlled substance, having a value of less than $150,000, if stolen from a commercial building or vehicle owned by a wholesale distributor of prescription drugs
- cattle, horses, exotic livestock, or exotic fowl stolen during a single transaction and having an aggregate value of less than $150,000
- ten or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000
Theft of service occurs when a person obtains valuable services without lawfully compensating the provider. This crime is considered a third-degree felony if the value of the service stolen is $30,000 or more but less than $150,000.
Theft of trade secrets is a crime in which a person, without the owner’s effective consent, knowingly steals, communicates, transmits, or makes a copy of a trade secret.
Organized retail theft is considered a felony of the third degree if the total value of the merchandise involved is between $30,000 and $150,000.
Cargo theft is a third-degree felony in Texas if the total value of the cargo involved is $10,000 to $100,000.
Mail theft is counted as a third-degree felony in Texas if the mail is appropriated from 30 or more addressees or 10-20 addressees if the mail contained an item of identifying information.
2. Assault
Assault is defined as intentionally, knowingly, or recklessly causing (or threatening) bodily injury to another person. In Texas, a person can be charged with a third-degree felony if the victim involved in the offense is any of the following:
- a public servant
- an emergency service personnel
- an employee of a correctional facility
- a security guard
In addition, domestic assault cases can be elevated to a third-degree felony when committed by strangulation or suffocation or when committed with any level of prior.
The maximum punishment for this third-degree felony in Texas is a $10,000 fine and ten years in the state penitentiary.
3. Fraud
There are many different types of fraud charges in Texas that can result in a third-degree felony.
- Fraudulent use or possession of credit card or debit card information: if the number of items possessed, obtained, used, or transferred, is between 5-10
- Fraudulent transfer of a motor vehicle: if the value of the motor vehicle is between $30,000-$150,000
- Credit card transaction record laundering: if the amount of the record of a sale is between $30,000-$150,000
- Illegal recruitment of an athlete: if the value of the benefit is between $30,000-$150,000
- Fraudulent destruction, removal, or concealment of writing: if the difference between the impaired writing and the lesser price indicated by the other writing is between $30,000 and $150,000
- Fraudulent use or possession of identifying information: if the number of items possessed, obtained, used, or transferred, is between 5-10
- Exploitation of a child, disabled individual, or elderly individual: Any offense in this category is a felony of the third degree.
4. Burglary
In the state of Texas, a burglary charge is considered a felony of the third degree if:
- the crime took place at commercial building in which a controlled substance is generally stored, including pharmacies, clinics, hospitals, nursing facilities, and warehouses
- the person entered or remained concealed in the building with the intent to commit a theft of a controlled substance
5. Drug Possession
In Texas, charges for drug possession depend on the type of drug and the amount possessed. Possession of the following amounts of drugs can result in a third-degree felony charge with penalties of 2-10 years jail time and fines up to $10,000.
- Extremely dangerous and addictive drugs, like cocaine or heroin: 1 to 4 grams
- Hallucinogenic drugs such as PCP, ecstasy, and amphetamines: 1 to 4 grams
- Depressants and stimulants like benzodiazepines or diazepam: 28 to 200 grams
- Prescription medications and chemical compounds that are classified as controlled substances: 28 to 200 grams
Finding the Right Law Firm for Third-Degree Felonies
A felony offense is a very serious charge, with the possibility of large fines and jail time if convicted. If you or someone you know has been charged with a third-degree felony in Texas, it’s important that you get in touch with an experienced criminal defense attorney immediately.
Contact the Law Offices of Seth Kretzer when you need experienced and reliable legal assistance with an appeal.
