What's the Difference Between a Misdemeanor and a Felony?

Behind bars

In Texas, crimes are divided into two categories: misdemeanors and felonies. A misdemeanor is a crime for which a sentence could result in confinement in the county jail. A felony is a crime for which the sentence could result in confinement in the Texas Department of Criminal Justice.

Felony Crime Punishment

There are five classifications or “degrees” of felony punishment. The degrees are based on the severity of the type of offense. Felony offenses from lowest to highest are classified as follows: state jail felony, third degree felony, second degree felony, first degree felony and capital. The range of punishment for felony offenses are listed below:

  • A state jail felony is punishable by a minimum of 180 days and maximum of 2 years in a state jail facility and up to a $10,000 fine
  • A third-degree felony is punishable by a minimum of 2 years and maximum of 10 years in prison and up to a $10,000 fine
  • A second-degree felony is punishable by a minimum of 2 years and maximum of 20 years in prison and up to a $10,000 fine
  • A first-degree felony is punishable by a minimum of 5 years and maximum of 99 years or life in prison and up to a $10,000 fine
  • Capital is punishable by life in prison without parole, or the death penalty

Misdemeanor Crime Punishment

Misdemeanor offenses fall into three classifications which are Class C, Class B and Class A. The misdemeanor punishment ranges are below:

  • Class C cases are punishable by a $500 fine.
  • Class B cases are punishable by up to 180 days in jail and/or up to a $2,000 fine.
  • Class A cases are punishable by up to a year in jail and/or up to a $4,000 fine.

Serious Consequences

If a person has previously been convicted of a crime, that conviction may serve to enhance the range of punishment. In addition, there are collateral consequences in addition to a conviction for a crime that should be considered. If you have been charged with a crime, it is important to fully understand the range of punishment and the impact of a conviction. Call Criminal Defense attorney Jo Ann Linzer at 936-283-7676 for a consultation today.