Misdemeanor Vs. Felony: Breaking Down Texas Law

You hear a lot about people getting charged with misdemeanors for this and felonies for that, but what actually makes these two so different?

Well, let's go through the difference between misdemeanors and felonies here in the great State of Texas.

What Are Misdemeanors in Texas?

According to the Neal Davis Law Firm, misdemeanors generally carry less severity than felonies and can be split into three separate categories: Class C, Class B, and Class A.

Class C misdemeanors are the lowest level of breaking the law and result in a fine of no more than $500 with zero jail time. These are your traffic citations, disorderly conduct, public intoxication, possessing alcohol as a minor, etc.

Class B misdemeanors may result in up to 180 days in jail with a fine of up to $2,000. First offense DWI (Driving While Intoxicated), indecent exposure, prostitution, prank calling 911, etc., all constitute Class B misdemeanors in Texas.

It's important to note that first-time offenders can actually agree to a plea deal before their trial, serving a probation period before dismissing their criminal charge altogether.

Class A misdemeanors are the most severe form and can land you up to a year in jail, a $4,000 fine, or even two years probation. Examples of Class A misdemeanors in Texas are lying under oath in court, second offense DWI, resisting arrest, animal cruelty, possessing 2 to 4 ounces of marijuana, etc.

What Are Felony Crimes in Texas?

There are five categories of felonies in Texas: state jail felonies, third degree, second degree, first degree, and capital felonies.

State jail felonies stand apart from the rest in that the punishment must be jail time of at least 180 days. These sentences must be served in full and do not allow time off for good behavior.

State jail felony charges in Texas include the following:

• DWI with a child passenger
• Forging a check
• Evading arrest in a vehicle
• Theft of items between $1,500 and $20,000
• Identity fraud
• Burglarizing a building

Third degree felonies include prison time of 2 to 10 years and a fine of up to $10,000. These charges include indecent exposure to a child, third offense DWI, tampering with evidence, possessing a firearm as a felon, deadly conduct with a firearm, etc.

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Neal Davis Law Firm states that second degree felonies are even more severe. These charges include human trafficking, manslaughter, arson, sexual assault, possession of 50 to 2,000 pounds of marijuana, etc. These charges can result in 2 to 20 years in prison as well as a $10,000 fine.

First degree felonies can land a guilty person in prison for 5 years to life. Examples of first degree felonies are aggravated robberies, aggravated sexual assault against a child, attempted capital murder, human trafficking kids younger than 14, etc.

Finally, the worst of the worst in terms of punishment and severity—capital felonies.

Capital felonies in Texas include the following:

• Premeditated murder
• Espionage
• Treason
• Death caused by aircraft hijacking
• Genocide

Punishments from capital felonies mean life in prison or the death penalty in Texas.