Also known as: third-degree · 3rd degree
Written by attorneys · grounded in primary & secondary sources — see below
A statutory classification of felony representing the lowest grade of felonies under the Model Penal Code and similar state statutes. Burglary receives this classification when the actor is not armed with explosives or a deadly weapon during the offense. Theft by receiving stolen property receives this classification when the receiver operates as a business dealing in stolen goods.
Tobias Thomas pried open a storage facility door at night intending to steal equipment. He carried only a flashlight and crowbar. Because he lacked explosives or a deadly weapon while committing the offense, the burglary is graded as a felony of the third degree.
Tristan Thompson was held overnight and questioned repeatedly without warnings. The prolonged interrogation tactics triggered scrutiny under constitutional standards for custodial statements.
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Tyler Taylor refused to answer questions at a state inquiry. The court examined whether the Fifth Amendment privilege applied through the Fourteenth Amendment to bar compelled testimony.
Tessa Takahashi challenged a state regulation requiring multiple physician visits before a procedure. The court weighed whether the requirements imposed an unconstitutional obstacle under substantive due process.
Trevor Tate received a life sentence without parole for a nonviolent repeat offense. The court assessed whether the punishment was grossly disproportionate under the Eighth Amendment.
Tracy Torres faced an increased penalty range based on a judicial finding of bias motivation. The court required that any fact raising the maximum sentence be submitted to the jury and proved beyond a reasonable doubt.
Burglary is a felony of the third degree unless the actor is armed with explosives or a deadly weapon or inflicts bodily injury during the offense. The grading turns on the presence of those aggravating factors while the offense is being committed.
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Theft by receiving is a felony of the third degree when the defendant is in the business of buying or selling stolen property. This classification applies independently of the dollar value of the items received.
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No. The classification depends on whether the actor was armed with explosives during the course of committing the offense. Mere possession while entering or fleeing is sufficient to elevate the grade.
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…including the famous Wickersham Report to Congress by a Presidential Commission, it is clear that police violence and the "third degree" flourished at that time.[^maj-5] In a series of cases decided by this Court long after these studies, the police resorted to physical brutality—beating, hanging, whipping—and to sustained…