Texas Felony vs. Misdemeanor Charges: What’s the Difference?
Being charged with a crime in Texas can be overwhelming — especially if you’re unsure whether it’s classified as a misdemeanor or a felony. The difference between these two types of charges can significantly affect your freedom, rights, and future.
In this post, we’ll break down how Texas law defines felonies and misdemeanors, the penalties for each, and why having an experienced criminal defense attorney can make all the difference.
What Is a Misdemeanor in Texas?
Misdemeanors are considered less severe crimes under Texas law, but they can still carry serious consequences.
Examples include:
Misdemeanors are considered less severe crimes under Texas law, but they can still carry serious consequences.
| Misdemeanor Class | Examples | Maximum Penalty |
|---|---|---|
| Class A | DWI (first offense), assault causing bodily injury | Up to 1 year in county jail and/or $4,000 fine |
| Class B | Possession of up to 2 oz of marijuana, criminal trespass | Up to 180 days in jail and/or $2,000 fine |
| Class C | Public intoxication, traffic violations | Fine up to $500 (no jail time) |
Even though misdemeanors are “minor” compared to felonies, a conviction can still appear on your record — impacting employment, housing, and licensing opportunities.
What Is a Felony in Texas?
Felonies are the most serious offenses under Texas law, carrying heavy prison sentences and lifelong consequences.
Examples include:
Learn more about Texas drug possession laws and penalties here.
Texas classifies felonies into five categories:
| Felony Level | Examples | Penalty Range |
|---|---|---|
| Capital Felony | Murder of a police officer, capital murder | Life in prison or death penalty |
| First-Degree Felony | Aggravated robbery, sexual assault | 5 to 99 years in prison, up to $10,000 fine |
| Second-Degree Felony | Manslaughter, certain drug crimes | 2 to 20 years in prison, up to $10,000 fine |
| Third-Degree Felony | DWI (third offense), firearm possession by a felon | 2 to 10 years in prison, up to $10,000 fine |
| State Jail Felony | Theft between $2,500–$30,000, drug possession | 180 days to 2 years in state jail, up to $10,000 fine |
Understanding the level of your charge is critical to building a strong defense — especially if you’ve already been arrested.
Learn what happens after a felony arrest in Texas here.
Key Differences Between Felonies and Misdemeanors in Texas
| Aspect | Misdemeanor | Felony |
|---|---|---|
| Severity | Less serious crimes | Serious crimes |
| Jail Time | County jail | State prison |
| Impact on Rights | May affect job opportunities | Can result in loss of voting, firearm, and jury rights |
| Criminal Record | May be eligible for expungement | More difficult to expunge |
| Examples | Petty theft, DWI (1st offense) | Murder, drug trafficking |
Collateral Consequences of a Felony Conviction
Beyond prison time and fines, felony convictions can affect nearly every aspect of your life.
Felons in Texas may:
A misdemeanor conviction can also create long-term issues — which is why it’s crucial to have a skilled attorney protect your record.
How a Criminal Defense Attorney Can Help
Whether you’re charged with a misdemeanor or felony, you still have rights and legal options. Understanding your Miranda Rights can be critical to protecting your case — learn more here. A qualified defense attorney can:
At the Law Office of Silverio Martinez, we’ve helped countless clients across Texas defend their freedom and reputation in the face of serious criminal charges.
Take Action Today
If you’ve been charged with a misdemeanor or felony in Texas, don’t wait. The sooner you act, the more options you’ll have.
Call the Law Office of Silverio Martinez today at (956) 724-5047 or contact us online for a consultation.
Our firm proudly serves clients throughout Laredo, Houston, Corpus Christi, San Antonio, Dallas, and nationwide.