Texas Criminal Penalties: Misdemeanor and Felony Classes

Misdemeanors

The Three Misdemeanor Classes

Misdemeanors are the less serious tier, but “less serious” is relative: a Class A conviction can cost a year of your life and sits on a background check for the rest of it.

• Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
• Class B misdemeanor. Up to 180 days in county jail and a fine of up to $2,000.
• Class C misdemeanor. A fine of up to $500, with no jail time attached to the offense itself.

Felonies

The Five Felony Degrees

Felonies carry prison rather than county jail, and the collateral consequences are heavier at every level. Texas sorts them into five degrees.

• Capital felony. The most severe classification, punishable by life imprisonment without parole or by death.
• First-degree felony. 5 to 99 years or life in prison, and a fine of up to $10,000.
• Second-degree felony. 2 to 20 years in prison and a fine of up to $10,000.
• Third-degree felony. 2 to 10 years in prison and a fine of up to $10,000.
• State jail felony. 180 days to 2 years in a state jail facility and a fine of up to $10,000.

Enhancements

What Moves a Charge Up the Ladder

The class or degree on the charging instrument is not always where the case ends up. Aggravating factors move an offense up a level, and the most common ones in Texas are the use or exhibition of a deadly weapon, serious bodily injury to the complainant, the status of the complainant (a public servant, a child, an elderly or disabled person), and the defendant’s own prior convictions. A single enhancement can turn a state jail felony into a third-degree felony, or a second-degree into a first.

After the Sentence

The Consequences That Outlast the Punishment Range

The fine and the jail number are the part of a conviction that ends. The rest does not. A Texas criminal record shows up on employment screening, apartment applications, professional licensing reviews, and loan underwriting, and a felony conviction adds firearm and voting restrictions on top. For non-citizens, the immigration consequences of a plea can be more severe than the sentence attached to it. This is why the classification of the charge, and any chance of getting it reduced, matters as much as the number of days.

Where Your Charge Sits

Every charge we defend has its own page with the offense-specific range, the elements the State has to prove, and the defenses that apply to it. Start from the criminal defense hub and pick your charge.

Common Questions

Texas Criminal Penalties FAQ

What is a Class C misdemeanor in Texas?

The lowest criminal classification in Texas. A Class C misdemeanor is fine-only, up to $500, with no jail time attached to the offense itself. Traffic offenses, public intoxication, theft under $100, and Class C assault all sit at this level. A conviction still creates a criminal record.

What is the most serious misdemeanor in Texas?

A Class A misdemeanor. It carries up to one year in county jail and a fine of up to $4,000. Assault causing bodily injury and a second DWI are both Class A offenses.

Can a Class C misdemeanor send you to jail?

Not for the offense itself, which is fine-only up to $500. You can still be arrested on a Class C, and failing to appear or failing to pay can put you in jail on a separate basis.

What is a state jail felony in Texas?

The lowest felony classification: 180 days to 2 years in a state jail facility and a fine of up to $10,000. State jail time is served day for day, without the good-conduct credit that applies to prison sentences.

How long can you get for a first-degree felony in Texas?

Five to 99 years, or life, plus a fine of up to $10,000. Only a capital felony carries more, and that classification is limited to capital murder.

What makes a charge aggravated in Texas?

Most often the use or exhibition of a deadly weapon, or serious bodily injury to the complainant. Either one moves the offense up a degree, and the enhanced range applies at sentencing.

Do prior convictions increase a Texas sentence?

Yes. Texas enhances punishment ranges for repeat offenders, and two prior sequential felony convictions can expose a defendant to a 25-years-to-life range on a new felony regardless of its own degree.