If you or someone you care about is facing criminal charges in Texas, one of the first things you’ll need to understand is whether the alleged offense is classified as a misdemeanor or a felony. These terms carry significant legal weight, and the consequences that follow a conviction are very different.
At Peek Law Group, our San Antonio criminal defense attorneys help clients navigate misdemeanor and felony charges with a straightforward, strategic approach. Here’s what you need to know.
What Is a Misdemeanor in Texas?
Misdemeanors are less serious offenses than felonies, but can still result in jail time, fines, and a lasting criminal record.
These charges are typically handled in county courts and are divided into three classes:
- Class A Misdemeanor
- Up to 1 year in county jail
- Up to $4,000 in fines
Common offenses: Assault causing bodily injury, DWI (second offense), unlawful carrying of a weapon.
- Class B Misdemeanor
- Up to 180 days in jail
- Up to $2,000 in fines
Common offenses: First-time DWI, possession of up to 2 oz. of marijuana, criminal trespass.
- Class C Misdemeanor
- No jail time, but up to $500 in fines
- Typically resolved in municipal court
Common offenses: Public intoxication, disorderly conduct, minor in possession of alcohol.
While misdemeanor charges may seem minor, they can still impact your employment, immigration status, professional licenses, and more.
What Is a Felony in Texas?
Felonies are more serious crimes that carry longer prison sentences and larger fines. Convictions can lead to incarceration in state prison and the loss of civil rights, like voting and firearm possession.
Texas felonies are categorized into five levels:
- Capital Felony
- Punishable by life in prison without parole or the death penalty
Common offense: Capital murder.
- First-Degree Felony
- 5 to 99 years or life in prison, up to $10,000 in fines
Common offenses: Aggravated robbery, sexual assault of a child, large-scale drug distribution.
- Second-Degree Felony
- 2 to 20 years in prison, up to $10,000 in fines
Common offenses: Aggravated assault, manslaughter, robbery.
- Third-Degree Felony
- 2 to 10 years in prison, up to $10,000 in fines
Common offenses: DWI (third offense), firearm possession by a felon, tampering with evidence.
- State Jail Felony
- 180 days to 2 years in state jail, up to $10,000 in fines
Common offenses: Theft of property ($2,500–$30,000), possession of less than 1 gram of a controlled substance.
Why the Distinction Matters
Understanding whether a charge is classified as a misdemeanor or a felony isn’t just legal terminology—it’s a critical factor that can shape the entire course of your case and your future. From how your case is prosecuted to the penalties you could face, the classification plays a central role in what’s at stake and what defense strategies may be available.
Here’s how that distinction can impact your life:
- Your potential sentence.
- Where your case is heard.
- Whether you’re eligible for probation or diversion programs.
- The long-term impact on your criminal record.
Even a low-level misdemeanor conviction can affect housing, employment, and reputation. Felony convictions, on the other hand, carry permanent consequences—including limited job prospects and restrictions on civil rights.
How Our Texas Criminal Defense Attorneys Can Help
Whether you’re facing a misdemeanor or a felony, the stakes are high, and early legal intervention can make all the difference.
At Peek Law Group, we provide:
- Aggressive defense strategies tailored to the specific charge.
- Guidance on pretrial options, including dismissal or reduction.
- Trial representation backed by years of experience in Texas courts.
- Support navigating probation, expungement, or appeals if needed.
Understanding the difference between a misdemeanor and a felony is the first step. If you’re under investigation or have been arrested in Texas, don’t wait to protect your future. Contact Peek Law Group, PLLC at (512) 399-2311 or complete our online form today to speak with our skilled San Antonio criminal defense attorneys and take the first step toward building your defense.
