What Is the Difference Between a Felony and a Misdemeanor in Texas?
When someone is arrested in Texas, one of the first questions they and their family ask is how serious the charge is. The answer depends primarily on whether the offense is classified as a misdemeanor or a felony — and within each category, which level of misdemeanor or felony applies. The difference between a misdemeanor and a felony in Texas is not just a matter of degree. It is a difference in the court system that handles the case, the potential sentence, the long-term record consequences, and the range of collateral effects on employment, housing, professional licensing, firearm rights, and civil rights.
Texas has a structured classification system for criminal offenses that runs from the least serious — a Class C misdemeanor — through the most serious — capital murder. Understanding where a specific charge falls in that system, what penalties apply at each level, and what the record and collateral consequences are at each level gives anyone facing a criminal charge in San Antonio the foundational information they need to understand what they are dealing with.
The Misdemeanor Classifications in Texas
Texas Penal Code Section 12.03 establishes three classes of misdemeanors. All misdemeanor cases in Texas are handled in the county courts at law — not the district courts, which handle felonies.
Class C Misdemeanor
A Class C misdemeanor is the least serious criminal offense classification in Texas. It is punishable by a fine of up to $500 — no jail time is authorized. Class C misdemeanors are handled in municipal courts and justice of the peace courts rather than county courts at law.
Common Class C misdemeanors include minor traffic violations, public intoxication, simple assault by threat — where no physical contact occurred and no physical injury was threatened — and disorderly conduct. Class C misdemeanors do appear on criminal records and can be expunged or sealed under specific circumstances.
Class B Misdemeanor
A Class B misdemeanor is punishable by confinement in county jail for not more than 180 days, a fine of up to $2,000, or both. Class B misdemeanors are handled in the Bexar County courts at law.
Common Class B misdemeanors include a first-offense DWI with a BAC below 0.15, criminal trespass, possession of marijuana under two ounces, theft of property valued between $100 and $750, and minor in possession of alcohol. A first-offense DWI — one of the most commonly charged Class B misdemeanors in San Antonio — carries a mandatory minimum of 72 hours confinement that is typically satisfied by the time served between arrest and release on bond.
Class A Misdemeanor
A Class A misdemeanor is the most serious misdemeanor classification in Texas, punishable by confinement in county jail for not more than one year, a fine of up to $4,000, or both. Class A misdemeanors are handled in the Bexar County courts at law.
Common Class A misdemeanors include assault causing bodily injury in a first offense, DWI with a BAC of 0.15 or higher, theft of property valued between $750 and $2,500, possession of marijuana between two and four ounces, carrying a handgun without a license in most circumstances, and family violence assault in a first offense. Class A misdemeanors represent the upper range of misdemeanor conduct — serious enough to result in up to a year in county jail but not serious enough to constitute felony conduct under Texas law.
The Felony Classifications in Texas
Texas Penal Code Section 12.04 establishes five felony classifications. All felony cases in Texas are handled in the district courts — in Bexar County, the criminal district courts including the 144th, 175th, 186th, and 227th. Felony charges must be presented to a grand jury for indictment before they can proceed to trial in district court.
State Jail Felony
The state jail felony is a unique classification that sits between the Class A misdemeanor and the traditional felony structure. It is punishable by confinement in a state jail facility — a separate facility from TDCJ — for not less than 180 days and not more than two years, and a fine of up to $10,000.
Common state jail felonies include possession of controlled substances in Penalty Group 1 in amounts less than one gram, theft of property valued between $2,500 and $30,000, DWI with a child passenger under 15, forgery, and credit card abuse. State jail felonies cannot be probated unless the defendant has no prior felony convictions, and the statute specifically limits deferred adjudication availability for some state jail offenses.
Third-Degree Felony
A third-degree felony is punishable by confinement in the Texas Department of Criminal Justice for not less than two years and not more than ten years, and a fine of up to $10,000.
Common third-degree felonies include intoxication assault, assault family violence with a prior family violence conviction, stalking, indecent exposure with a prior conviction, possession of controlled substances in Penalty Group 1 between one and four grams, and evading arrest in a vehicle. Third-degree felonies represent a significant escalation from state jail felonies — both in the sentence range and in the facility where the sentence is served.
Second-Degree Felony
A second-degree felony is punishable by confinement in TDCJ for not less than two years and not more than twenty years, and a fine of up to $10,000.
Common second-degree felonies include sexual assault, robbery, aggravated assault causing serious bodily injury, intoxication manslaughter, possession of controlled substances in Penalty Group 1 between four and 200 grams, and manufacturing or delivery of controlled substances in smaller amounts. Second-degree felony convictions carry sentences that can extend to two decades — a range that reflects the serious nature of the conduct covered.
First-Degree Felony
A first-degree felony is the most serious non-capital felony classification in Texas, punishable by confinement in TDCJ for not less than five years and not more than ninety-nine years or life, and a fine of up to $10,000.
Common first-degree felonies include aggravated robbery, aggravated sexual assault, aggravated kidnapping, murder, and delivery of controlled substances in large amounts. First-degree felony convictions can result in life sentences. The mandatory minimum of five years means that even the most favorable outcome in a first-degree felony case — absent an acquittal — involves a minimum of five years in TDCJ.
Capital Felony
Capital murder is the most serious offense classification in Texas, punishable by life without parole or — when the state seeks the death penalty and the jury finds it appropriate — execution. Capital murder is limited to murder committed under specific aggravating circumstances including murder of a peace officer or fireman on duty, murder during the commission of specific other felonies, murder for remuneration, murder of more than one person in the same criminal transaction, and murder of a child under ten years of age.
How Charges Can Be Enhanced — Moving Up the Classification
One of the most important practical aspects of Texas criminal law is that the classification of an offense can be enhanced — moved up one or more levels — based on prior convictions or specific aggravating circumstances. A Class A misdemeanor assault that would carry up to a year in county jail becomes a third-degree felony when the defendant has a prior family violence conviction. A state jail felony drug possession charge becomes a third-degree felony when the defendant has two prior state jail felony convictions. A DWI that would be a Class B misdemeanor on a first offense becomes a third-degree felony on a third offense.
Enhancements are applied by the state as part of the charging decision and can significantly change the stakes of a case that might appear routine based on the current conduct alone. A defendant who fails to disclose prior criminal history to their attorney — or who has an attorney who does not investigate the prior record before advising on the plea — may not understand that their current charge carries a felony sentence rather than a misdemeanor one.
The Record Consequences — Why Classification Matters Beyond the Sentence
The sentence imposed in a criminal case is often not the most consequential aspect of the classification. For many defendants — particularly those with stable employment, professional licenses, or family obligations — the record consequences of a conviction at each classification level determine the long-term impact of the case on their life.
Misdemeanor convictions are visible on criminal background checks, affect professional licensing, and disqualify applicants for certain positions — but misdemeanor convictions for many offense types are eligible for nondisclosure after successful completion of probation, which seals them from public background checks. Family violence misdemeanor convictions are a significant exception — they are specifically excluded from nondisclosure eligibility and are permanent.
Felony convictions are permanent, visible on background checks indefinitely, and carry additional collateral consequences including loss of firearm rights, loss of voting rights during supervision, potential deportation for non-citizens, and disqualification from a wide range of professional licenses and employment opportunities. Most felony convictions are not eligible for expunction, and nondisclosure is available only for felony deferred adjudication completions — not convictions — after a five-year waiting period.
The firearm consequence deserves specific attention. Under federal law, any felony conviction — regardless of the sentence served — permanently prohibits possession of a firearm or ammunition under 18 U.S.C. § 922(g)(1). Under Texas law, the prohibition extends to all locations except the convicted person’s own residence for five years after conviction or discharge from supervision. After that five-year period, Texas law permits home possession — but the federal prohibition remains permanently in effect. This distinction is critical for any defendant with a felony conviction who owns or wants to own firearms.
The Classification Decision — Why It Is Not Always Clear-Cut
The classification of a specific offense is determined by the Texas Legislature in the Penal Code — it is not a discretionary judgment that the arresting officer or the prosecutor makes in the moment. What is discretionary is how the state chooses to charge the conduct — and conduct that could support multiple charge levels is sometimes charged at a level that reflects prosecutorial assessment of the case rather than the maximum level the facts could support.
A person arrested for possessing a controlled substance may have their conduct charged as a state jail felony, a third-degree felony, or a higher level depending on the quantity, the substance, and whether delivery or manufacturing is alleged. A fight that results in injury may be charged as a Class A misdemeanor assault or a second-degree felony aggravated assault depending on the specific nature of the injury and the circumstances of the encounter.
Understanding how the charging decision was made — and whether the conduct could reasonably be characterized at a lower classification level — is part of the defense evaluation that an experienced criminal defense attorney conducts from the first day. A charge that was filed at a higher level than the facts strictly require may be negotiable to a lower level through effective defense advocacy.
If you have been arrested or charged with a crime in San Antonio or Bexar County and want to understand the charge level and what it means for your specific situation, call Barton & Associates at 210-500-0000. Consultations are free, confidential, and available 24 hours a day with a criminal defense attorney.
