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Same name, different sentence

What is a third-degree felony?

A third-degree felony is one of the grades states use to rank felonies by how serious they are. 6 states use the name, and each sets its own prison range and fine for it. Here is each one, from the state's own law.

Last checked October 29, 2026. General information, not legal advice.

Third-degree felony sentences by state
StatePrisonFineThe law
FloridaUp to 5 yearsUp to $5,000Fla. Stat. §§ 775.082(3)(e), 775.083(1)(c)1
New MexicoBasic sentence of 3 yearsThe basic sentence is higher for some offenses: 6 years if the felony results in a death or is a sexual offense against a child, and 11 years for sexual exploitation of children.Up to $5,000N.M. Stat. Ann. § 31-18-15(A), (E)2
Ohio9 to 36 monthsFor certain listed offenses, including some OVI, sexual, and repeat burglary or robbery cases, the term is 12 to 60 months.Up to $10,000Ohio Rev. Code §§ 2929.14(A)(3)(b), 2929.18(A)(3)(c)3
PennsylvaniaUp to 7 yearsA crime declared a felony without a degree is an F3.Up to $15,00018 Pa.C.S. §§ 1103(3), 1101(3)4
Texas2 to 10 yearsUp to $10,000Tex. Penal Code § 12.345
UtahUp to 5 yearsThe prison term applies unless the specific offense sets a different one. The fine limit comes from Utah Code § 76-3-301.Up to $5,000Utah Code § 76-3-203(3)6

Why the same name means different things

Each state writes its own criminal code. The letters, numbers and degrees only rank crimes within that state, so a third-degree felony in one state can carry a very different sentence from one next door. A specific crime can also set its own range, and past convictions can raise it. For how a state grades a particular crime, see Is it a felony?

Other felony grades

Sources

Each source was opened and checked on October 29, 2026.

  1. Florida: Fla. Stat. §§ 775.082(3)(e), 775.083(1)(c)
  2. New Mexico: N.M. Stat. Ann. § 31-18-15(A), (E)
  3. Ohio: Ohio Rev. Code §§ 2929.14(A)(3)(b), 2929.18(A)(3)(c)
  4. Pennsylvania: 18 Pa.C.S. §§ 1103(3), 1101(3)
  5. Texas: Tex. Penal Code § 12.34
  6. Utah: Utah Code § 76-3-203(3)