What is the Difference Between a Misdemeanor and Felony in Texas?
If you are arrested for a criminal offense in Texas and charged, what is the difference between facing misdemeanor charges and felony charges? There are some criminal offenses for which a person can face either misdemeanor or felony charges, depending on the details of the case and the person’s criminal record. For other types of offenses, the charge is most likely to be a misdemeanor, whereas for certain other types of offenses, you will always be facing felony charges. In general, the major difference between a misdemeanor and a felony is that a misdemeanor is a lesser offense and a felony is a more serious offense. Accordingly, misdemeanors have lesser penalties, whereas felony convictions come with more severe penalties. Our Texas criminal defense attorneys can tell you more.
When is an Offense Charged as a Misdemeanor Versus a Felony?
There are various factors that can go into determining whether a particular offense is charged as a misdemeanor or felony under Texas law, including, for example:
- What the Texas Penal Code says about how the offense should be charged;
- Individual’s criminal record and previous convictions; and/or
- Enhancing circumstances, such as where a particular offense took place or against whom a particular offense was perpetrated.
Penalties for Misdemeanor Versus Felony Convictions in Texas
Chapter 12 of the Texas Penal Code sets forth “punishments” for misdemeanor and felony offenses in Texas. The following are the potential penalties for the different degrees of misdemeanors and felonies, which clarify the difference between the types of offenses:
- Capital felony: the most serious felony where the state can seek the death penalty, with a possible penalty of death or life imprisonment without parole;
- First degree felony: Between 5 years to life imprisonment and a fine of up to $10,000;
- Second degree felony: Between 2 to 20 years in prison and a fine of up to $10,000;
- Third degree felony: Between 2 and 10 years in prison and a fine of up to $10,000;
- State jail felony: Between 180 days and 2 years in prison and a fine of up to $10,000;
- Class A misdemeanor: Up to one year in jail and a fine of up to $4,000;
- Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000; and
- Class C misdemeanor: Fine of up to $500.
Contact a Texas Criminal Defense Attorney for Help Defending Against the Misdemeanor or Felony Charges You Are Facing
Whether you are facing misdemeanor or felony charges in Texas will depend on various factors, including the specific offense for which you have been charged, the severity of the offense, your previous criminal record, and other potential enhancing factors. While felony charges are more serious than misdemeanor charges, as we noted above, even a misdemeanor conviction can result in jail time. You should reach out to an experienced Texas criminal defense lawyer at John Reed, Attorney at Law as soon as possible whether you are facing misdemeanor or felony charges so that you can begin building a strong defense that is tailored to the facts of your case. Contact our firm today for assistance with your criminal defense.
Source:
statutes.capitol.texas.gov/docs/pe/pdf/pe.12.pdf
