Which of the following is higher in offense level: State Jail Felony or Third Degree Felony?

• A. State Jail Felony
• B. Class B Misdemeanor
• C. Third Degree Felony
• D. Capital Felony

Answer: (C)

In Texas, felony offenses are ranked by how severe the punishment can be. A state jail felony is below a third-degree felony in this hierarchy. Specifically, state jail felonies carry about 180 days to 2 years in state jail (plus a possible fine), while a third-degree felony carries 2 to 10 years in prison (plus a possible fine). Because the penalty range for a third-degree felony is longer and more serious, it is higher in offense level than a state jail felony. Capital felonies sit above both, but that’s not what’s being compared here.