If you or a loved one has been charged with a misdemeanor or felony, contact John Teakell for a free consultation and case evaluation. Mr. Teakell has been named as one of the Texas Super Lawyers by “Texas Monthly” magazine for the last three years. Bilingual services are available by request, and credit cards are welcomed as payment. Read more about misdemeanor and felony charge classifications.

CLASSIFICATION OF MISDEMEANORS - § 12.03.

Misdemeanors are categorized by the relative seriousness of the offense into three categories:

Class A misdemeanors - § 12.21.:

An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

Class B misdemeanors - § 12.22.:

An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.

Class C misdemeanors - § 12.23.:

An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
(1) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.
(2) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

CLASSIFICATION OF FELONIES - § 12.04.

Felonies are categorized by the relative seriousness of the offense into five categories:

Capital felonies – § 12.31:

(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.

(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.

Felonies of the first degree - § 12.32:

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

Felonies of the second degree - § 12.33:

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

Felonies of the third degree - § 12.34:

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

State jail felonies - § 12.35:

(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or (2) the individual has previously been finally convicted of any felony: (A) listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or (B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure. An offense designated a felony in this code without specification as to category is a state jail felony.