Misdemeanor vs Felony in Texas

Misdemeanor classes

Texas Penal Code Chapter 12 sets the punishment ranges.

| Class | Confinement | Fine | | --- | --- | --- | | Class C misdemeanor | None | Up to $500 | | Class B misdemeanor | Up to 180 days in county jail | Up to $2,000 | | Class A misdemeanor | Up to 1 year in county jail | Up to $4,000 |

Misdemeanor confinement is served in county jail, not state prison. Class C cases are heard in justice or municipal courts; Class A and B cases are heard in county-level courts.

Felony degrees

| Degree | Imprisonment | Fine | | --- | --- | --- | | State jail felony | 180 days to 2 years in a state jail facility | Up to $10,000 | | Third degree felony | 2 to 10 years | Up to $10,000 | | Second degree felony | 2 to 20 years | Up to $10,000 | | First degree felony | 5 to 99 years or life | Up to $10,000 | | Capital felony | Life without parole, or death when the State seeks it | — |

Felony cases are heard in district courts.

Enhancements change the range

The classification of an offense is a starting point, not a guarantee. The Penal Code allows the punishment range to be increased based on prior convictions and other circumstances. A repeat offender provision can move a case up a level, and specific statutes enhance particular offenses — for example based on the identity of the victim or the use of a deadly weapon.

The practical effect is that two people charged with the same offense can face very different ranges because of history.

Why the label matters beyond the sentence

• Record. A felony conviction carries long-term consequences for employment, housing and professional licensing, and affects firearm rights.
• Eligibility. Whether an offense can later be sealed through an order of nondisclosure, or cleared through expunction, depends heavily on the offense and disposition.
• Immigration. Non-citizens can face consequences that depend on how an offense is classified and defined, not just on the sentence served.
• Which court. Different classifications go to different courts with different procedures and timelines.

Deferred adjudication and probation

A conviction is not the only outcome. Texas courts can place a defendant on community supervision (probation), and in some cases deferred adjudication community supervision, where the judge does not enter a finding of guilt if the term is completed successfully. Deferred adjudication is not available for every offense, and it is not the same as a dismissal — the record of the case remains unless it is later sealed where the law allows.

When you may want an attorney

Because the classification drives everything downstream, the first questions worth answering in any Texas case are what class or degree is alleged, whether enhancements are in play, and what dispositions are realistically available. Those are attorney questions, and the answers differ by county and by court.