In Texas, the difference between a felony and a misdemeanor charge affects far more than the maximum punishment a person might face. It determines which court hears the case, whether a grand jury has to be involved, how long prosecutors have to file charges, and what a conviction will mean for years afterward.

How Texas Classifies Misdemeanors

Texas divides misdemeanors into three classes, each carrying a different maximum punishment under the Texas Penal Code.

• Class C misdemeanors are punishable by a fine of up to $500 only, with no jail time available. Common examples include certain traffic violations and public intoxication.
• Class B misdemeanors carry up to 180 days in county jail, a fine of up to $2,000, or both. A first time driving while intoxicated charge typically falls into this category.
• Class A misdemeanors carry up to one year in county jail, a fine of up to $4,000, or both. Assault causing bodily injury is a common example of a Class A charge.

How Texas Classifies Felonies

Felonies are divided into five categories, and the punishment ranges increase substantially compared to misdemeanors.

• A state jail felony carries confinement in a state jail facility for 180 days up to two years, along with a possible fine of up to $10,000. Certain circumstances, such as the use of a deadly weapon, can elevate the punishment for a state jail felony to that of a third degree felony.
• A third degree felony carries 2 to 10 years in prison and a fine of up to $10,000.
• A second degree felony carries 2 to 20 years in prison and a fine of up to $10,000.
• A first degree felony carries 5 to 99 years, or life, in prison and a fine of up to $10,000.
• A capital felony, the most serious classification, carries a sentence of life without parole or death, depending on the circumstances of the case.

Why the Classification Affects How a Case Is Charged and Heard

The felony or misdemeanor distinction does not just affect potential punishment. It changes the entire procedural path a case follows.

Under Article I, Section 10 of the Texas Constitution, a person generally cannot be prosecuted for a felony unless a grand jury has reviewed the evidence and returned an indictment. Misdemeanors do not require this step. Instead, they are filed directly by a prosecutor through a charging document called an information, or in Class C cases, a complaint.

Felony cases are heard in district court, while misdemeanor cases are heard in county courts at law or, for Class C charges, municipal and justice courts. Jury size differs as well. Under Article V, Section 13 of the Texas Constitution, a felony jury trial consists of 12 jurors, while a misdemeanor jury trial consists of six.

Differences in Filing Deadlines

Texas law also sets different deadlines for how long the state has to file charges, depending on the classification of the offense.

Under the Texas Code of Criminal Procedure, most misdemeanors must be charged within two years of the offense, with a limited exception extending that window to three years for certain family violence assault cases. Most felonies carry a three year deadline as the general default rule, though many specific felony offenses carry longer deadlines of five, seven, ten, or twenty years, and some of the most serious offenses, such as murder, have no filing deadline at all.

Why a Charge Isn’t Always Fixed at One Level

The same set of facts can sometimes support more than one possible charge level. Several Texas offenses are structured so that the classification depends on specific details, such as the value of property involved in a theft case, whether a weapon was used or exhibited, the extent of injury in an assault case, or a person’s prior criminal history.

Driving while intoxicated is a useful example. A first offense is typically a Class B misdemeanor, but the same conduct can become a Class A misdemeanor or a felony depending on factors like a high blood alcohol concentration, the presence of a child passenger, or prior convictions.

This is one of the reasons an early, careful review of the charging documents and the underlying facts matters so much, since the classification a case starts with is not always the classification it ends with.

Long-Term Consequences Beyond the Sentence

A felony conviction tends to carry consequences that extend well past any jail or prison sentence. Under federal law, a felony conviction generally results in the loss of the right to possess a firearm. Felony convictions can also have a more significant impact on professional licensing, certain employment opportunities, and immigration status compared to most misdemeanor convictions.

The length of community supervision, commonly known as probation, also differs between the two classifications under the Texas Code of Criminal Procedure. Misdemeanor community supervision is generally capped at two years, while felony community supervision can extend up to ten years depending on the offense and the terms set by the court.

Talk to a Central Texas Criminal Defense Attorney

If you are facing a misdemeanor or felony charge in Central Texas, Lannen Law, PLLC can help you understand what the classification of your charge means for your case. Explore our full range of services or learn more about our criminal defense representation. Reach out through our contact page or call (254) 457-5100 to schedule a confidential consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.