There is a possible range of punishment for a 3d degree felony conviction. The minimum sentence is 2 years. The maximum is 10 years. Assuming you cannot beat the charge or get it reduced, and assuming you do not get probation, your sentence will be in that range.
Probation can range from 2-10 years. Even if you get probation, a judge can require various treatment and up to 180 days in the county jail as a condition of getting probation.
Get a good lawyer who has experience with felonies and who will defend you properly.
The range of punishment is 2-10 if there are no enhancement paragraphs from prior pen trips. You could also get up to 10 years deferred or straight probation instead. Or the case could be reduced to a misdemeanor or dismissed or acquitted at trial. . . You need to hire an experienced criminal defense attorney to represent you. They will be able to obtain copies of all of the State's evidence in your case, review it with you, and recommend the best course of action.
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The general penalty range for a 3rd degree felony in Texas is from 2 to 10 years prison and up to a $10,000 fine.
Probation is possible for most, but not all, third degree felonies.
For a specific answer that takes into account the exceptions to the general punishment range and looks at whether your case is probation eligible, you need to consult one of the many fine criminal defense lawyers in your area.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
Yourquestion begs the larger questions: Why are you thinking about doing a plea anyway, and why in this forum? What you should be thinking about are 1) "How am I going to afford to hire a lawyer and know which one to commit to?", 2) "Even if I can't afford one, but will need a court appointed attorney instead, how do I BEAT this case?". 3) Why am I thinking about a probation - which IS a (FELONY) CONVICTION and will weigh me down like a battleship anchor (and chain) for the rest of my life?" and 4) "How did I arrive at this position, and what am I going to do to fix it?"
If this is a first offense, and you have no priors, you may be eligible for a deferred adjudication, which God willin and the creek don't rise, may save you from putting a felony conviction on your record. But only IF you ABSOLUTELY TOE - THE - LINE from here on out.
You need an attorney. Badly. Don't talk to the prosecutor again until you have at least interviewed a few and have made certain either that you can or cannot afford one. If the latter, make Sure you ask the Court for the appointment of competent counsel.
Unless you are jumping up and down and cheering at the prospect of a life of unending poverty and deprivation, you danged sure BETTER be looking at more options than "how much time will I do." You've been charged (accused), so far. That means you are presumed innocent = everything the State claims it knows is WRONG. They have to prove everything in trial, you don't have to prove anything. You haven't been Found guilty of anything, yet. An attorney can help you try to make sure that's as far as it goes. Hire or apply for an attorney, before you dig a hole you can't climb out of.
This answer is in the nature of general information only and does not constitute legal advice or the formation of an attorney-client relationship.