Lara Bracamonte Davila

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What is the difference between a misdemeanor and a felony?

On Behalf of | Sep 4, 2024 | Criminal Defense

If you were recently arrested, you may be wondering what charges you are facing and how serious they are. Generally, felony charges are reserved for the most serious crimes and will therefore lead to the most serious consequences if you are convicted. Misdemeanor charges, on the other hand, are often reserved for less serious crimes and upon conviction, will result in less serious consequences than felonies.

Misdemeanors in Texas

In Texas, misdemeanors typically fall under one of three categories: Class A, Class B, and Class C. Class A misdemeanors are the most serious, while class C misdemeanors are the least serious.

  • Class A: A Class A misdemeanor (e.g., assault with bodily injury) conviction may result in fines of up to $4,000 and up to one year in jail.
  • Class B: A Class B misdemeanor (e.g., first time DUI) conviction may result in fines of up to $2000 and up to six months in jail.
  • Class C: A Class C misdemeanor (e.g., possession of a small amount of certain illegal substance) conviction may result in up to $500 in fines.

Felonies in Texas

Felonies in Texas are categorized as first-degree, second-degree, or third-degree. Under Texas law, capital felonies are typically the most serious, while state jail felonies are the least serious.

  • Capital: Capital felonies, such as capital murder, can result in life in prison or capital punishment.
  • First-degree: First-degree felonies, such as aggravated robbery, may result in fines of up to $10,000 and up to life in prison.
  • Second-degree: Second-degree felonies, such as manslaughter, may result in fines of up to $10,000 and two to 20 years in prison.
  • Third-degree: Third-degree felonies, such as aggravated assault with no injuries, may result in fines of up to $10,000 and up to 10 years in prison.
  • State jail: State jail felonies, such as a DWI with a minor passenger, may result in fines of up to $10,000 and up to two years in jail.

While misdemeanors are less serious than felonies, both types of charges should be taken seriously. No matter how serious the charges, an effective criminal defense strategy can significantly impact the consequences you face.