Misdemeanor and felony charges are very different in the state of Texas. Each is considered a criminal offense which is a serious charge, but both have different classifications and penalties. If you are facing either of these charges, it is important to be aware of the differences between the two, as both affect your criminal record which can lead to long-term consequences. In this blog, we will be going over the differences between misdemeanor and felony charges in Texas, to make sure you understand the distinctions between the two.
What is a Misdemeanor in Texas?
A misdemeanor is a criminal offense in Texas that is used to classify less serious offenses than felonies. Misdemeanors are typically minor illegal actions or violations of public order. In Texas, misdemeanors in Texas are classified as either Class A, Class B, or Class C, with Class A being the most severe and Class C the least. Here is an overview of the differences between classes:
- Class A Misdemeanors: Class A is the most serious classification of a misdemeanor in Texas. Some examples are assault causing bodily injury, second offense DWI, and burglary of a vehicle. Penalties can be jail time for up to a year and fines up to $4,000.
- Class B Misdemeanors: Class B misdemeanors are less severe than Class A, but are still serious offenses. Some examples are a first-time DWI offense, possession of marijuana under two ounces, and theft of property valued between $100 and $750. Penalties can range from jail time up to 180 days and fines up to $2,000.
- Class C Misdemeanors: Class C is the least serious classification of a misdemeanor in Texas. These are typically minor violations such as traffic violations and public intoxication. Typically, these offenses do not result in jail time but can come with fines up to $500.
What is a Felony in Texas?
A felony is the most serious criminal offense you can be charged with in Texas. They come with very severe penalties, including the potential for life imprisonment or the death penalty. Felonies in Texas are divided into five different categories based on the severity of the crime:
- Capital Felonies: This is used to classify the most serious offenses in Texas. An example of a crime that would be a capital felony is killing a police officer. Penalties for this type of felony can be as serious as life imprisonment without the possibility of parole or the death penalty.
- First-Degree Felonies: First-degree felonies are still very serious offenses. Some examples include aggravated assault with a deadly weapon and sexual assault of a child. Penalties for this type of felony can be prison sentences up to 99 years and fines up to $10,000.
- Second-Degree Felonies: These are less serious felonies than first-degree and capital felonies, but still involve crimes that can result in serious harm or threat to others. Some examples include manslaughter and sexual assault. Penalties for this type of felony can be prison sentences for up to 20 years and fines up to $10,000.
- Third-Degree Felonies: Third-degree felonies are significant crimes but come with lower sentencing guidelines than first and second-degree felonies. Some examples include intoxication assault and certain drug offenses. Penalties for this type of felony can be prison sentences of up to 10 years and fines of up to $10,000.
- State Jail Felonies: This is the least severe type of felony in Texas. They are crimes that don’t meet the severity of higher felony classifications. Some examples include credit card abuse and theft of property valued between $2,500 and $30,000. Penalties are lower than the other felonies with jail time up to 2 years in a state jail and fines up to $10,000.
Contact a Texas Criminal Defense Attorney
While the crimes and penalties associated with misdemeanors in Texas are much less severe than felonies, these are still very serious offenses. It is important to be aware of the distinctions between the two in order to understand Texas’s legal system. If you find yourself involved with a criminal charge, whether it’s a misdemeanor or felony, it is important to consult with an experienced criminal defense attorney. C.L. Swisher Legal Group fights aggressively to protect your rights, secure better deals, and ensure fair treatment throughout your case. Reach out today for a free consultation.
