What Is the Difference Between a Misdemeanor and a Felony in Texas?

What Is the Difference Between a Misdemeanor and a Felony in Texas?

In Texas, the main difference between a misdemeanor and a felony charge lies in the severity of the offense and the potential penalties upon conviction. 

• Misdemeanors are less serious crimes, typically punishable with fines, probation, or up to one year in a county jail.
• Felonies are more serious offenses, carrying longer prison sentences (over one year) and higher fines, with some offenses even carrying life sentences or the death penalty.

A knowledgeable Fort Worth criminal defense lawyer can defend you by evaluating the evidence, identifying potential weaknesses in the prosecution’s case, and presenting possible defenses.

They may argue that the prosecution presented insufficient evidence, applied the law incorrectly, or violated your rights, potentially leading to a reduced charge or even a dismissal.

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What Are the Most Common Misdemeanor and Felony Offenses in Texas?

In Texas, criminal offenses are divided into two main categories: misdemeanors and felonies. These offenses vary in seriousness, with felonies being more severe and carrying harsher penalties than misdemeanors upon conviction.

Hire a criminal defense lawyer if prosecutors charge you with a misdemeanor or a felony. Here are some of the most common misdemeanors and felonies in Texas.

Misdemeanors in Texas

Misdemeanors are less serious offenses than felonies and typically result in fines, probation, or jail time of up to one year. Texas classifies misdemeanors into three categories: Class A, Class B, and Class C.

Class A misdemeanors are the most serious type of misdemeanor in Texas. Common offenses include:

• Assault (causing bodily injury): This can occur when someone intentionally inflicts injury on another person.
• DWI (Driving While Intoxicated): Operating a motor vehicle with a blood alcohol concentration of 0.08 percent or higher is a common offense in Texas.
• Theft (under $2,500): Stealing property valued under $2,500 can lead to a Class A misdemeanor charge.

Class B misdemeanors are less severe than Class A offenses but still carry penalties such as fines and up to 180 days in jail.

Examples include:

• Public Intoxication: Being intoxicated in public places is illegal in Texas and often results in a Class B misdemeanor.
• Simple Assault (without injury): This includes causing fear of harm or threatening another person.

Class C misdemeanors are the least severe and typically result in fines rather than jail time.

Common Class C misdemeanors include:

• Disorderly Conduct includes behaving disruptively or offensively, such as loudly arguing or fighting in public.
• Minor in Possession of Alcohol: Individuals under 21 caught possessing alcohol may face this charge.

Felonies in Texas

Felonies are the most serious offenses and carry severe penalties, including long prison sentences or even the death penalty for the most serious crimes.

A criminal defense lawyer can be invaluable if prosecutors charge you with a felony in Texas.

• Murder: The law classifies the unlawful killing of another person as a first-degree felony. The penalty can be life imprisonment or the death penalty, depending on the circumstances.
• Aggravated Assault: This occurs when a person causes serious bodily injury to another or uses a weapon during an assault. Prosecutors typically charge you as a second-degree felony.
• Drug Possession and Distribution: Possessing large amounts of illegal drugs or trafficking drugs is a felony offense in Texas, with penalties ranging from 2 years to life in prison, depending on the type and quantity of drugs.
• Burglary: Entering a building with the intent to commit theft or another felony is a felony offense, typically charged as a second-degree felony. It can escalate to a first-degree felony in a residence.

Overall, misdemeanor convictions tend to involve less severe consequences, while felony convictions can result in lengthy prison sentences or more severe penalties.

Potential Collateral Consequences of a Texas Misdemeanor or Felony Conviction

In Texas, the collateral consequences of a misdemeanor or felony conviction can extend far beyond jail time or fines. These consequences affect various aspects of a person’s life, often creating long-lasting challenges even after the legal penalties have been served.

These collateral consequences can make it difficult for individuals to move forward with their lives, affecting their personal, professional, and social opportunities.

A seasoned criminal defense lawyer can explore all of your legal options to minimize these consequences.

• Employment and Career: One of the most significant collateral consequences is the difficulty in finding or keeping a job. Many employers conduct background checks as part of the hiring process, and a criminal conviction can disqualify a person from certain job opportunities. In Texas, some professions, such as law, medicine, and education, may require individuals to disclose criminal convictions as part of their licensing process. Certain convictions – especially felonies – can result in denying licensure or professional certifications, making it harder to pursue a career in these fields.
• Housing and Public Assistance: A criminal record can also affect a person’s ability to secure housing. Many landlords conduct background checks, and a conviction, particularly for serious offenses like felonies, may result in denying rental applications. Individuals with criminal records may also be ineligible for certain public housing programs or housing assistance, further complicating their ability to find stable living arrangements. Additionally, some individuals with felony convictions may be disqualified from receiving government benefits, including food stamps or public assistance, especially if the crime involved drug-related offenses or violence.
• Voting and Firearm Rights: In Texas, a felony conviction can result in losing voting rights. Felons are prohibited from voting while incarcerated or on parole and may only regain their right to vote once they have completed their sentence, including parole or probation. Even after regaining the right to vote, the process may be complicated. Another serious collateral consequence is losing one’s right to possess firearms. Under both state and federal law, individuals convicted of felonies are generally prohibited from owning or carrying firearms, even after completing their sentence. This restriction can limit a person’s ability to work in certain industries, such as security or law enforcement.
• Social Stigma and Relationships: A criminal conviction can also create a lasting social stigma. Individuals with criminal records may face judgment or discrimination, affecting relationships with family, friends, and the community. In some cases, convictions – particularly for violent crimes – can lead to damaged reputations, making it difficult to rebuild trust or maintain personal relationships.

These challenges often make it difficult for individuals to fully reintegrate into society after serving their sentence.

Defending Against a Texas Misdemeanor or Felony Charge

When facing misdemeanor or felony charges in Texas, hire a strong legal defense lawyer to achieve the best possible outcome. The specific defense strategy will depend on the nature of the charges, the evidence, and the circumstances surrounding the case.

However, individuals charged with criminal offenses may use several common legal defenses to challenge the allegations.

• Innocence or Lack of Evidence: One of the most straightforward and powerful defenses is demonstrating the accused’s (the defendant’s) innocence. In criminal cases, the prosecution has the burden of proving guilt beyond a reasonable doubt. If the defense can show that insufficient evidence supports the charges, or if the evidence is unreliable, the case may be dismissed or the defendant acquitted. This can involve challenging the credibility of witnesses, the reliability of physical evidence, or pointing to contradictions in the prosecution’s case.
• Alibi Defense: An alibi defense involves showing that the defendant was not present at the crime scene when it occurred. This defense relies on providing proof that the defendant was somewhere else, such as through eyewitness testimony, video footage, or electronic records like phone GPS data. If the defense can establish that the defendant was not at the crime scene, it may lead to a dismissal of the charges.
• Self-Defense: Self-defense is a common legal defense, particularly in cases involving assault, battery, or other violent crimes. Under Texas law, individuals can use reasonable force to protect themselves from imminent harm. If the defendant can show that they were acting in self-defense—meaning they reasonably believed they were in danger and used an appropriate level of force to protect themselves—a not guilty verdict may result.
• Unlawful Search and Seizure: In many criminal cases, evidence is obtained through searches that law enforcement officers conduct. If the search violated the defendant’s Fourth Amendment rights – such as if it was done without a valid warrant or probable cause – the evidence may be inadmissible in court. If the defense can successfully challenge the legality of the search or seizure, the court may exclude any evidence obtained in violation of the defendant’s rights, potentially weakening the prosecution’s case.
• Lack of Intent: For some crimes, particularly theft or drug offenses, the prosecution must prove that the defendant had criminal intent. If the defense can show that the defendant did not have the necessary intent to commit the crime – such as by demonstrating that the alleged theft was accidental or that the defendant did not knowingly possess illegal substances – it can result in a reduced charge or dismissal.
• Duress or Coercion: In some cases, defendants may claim that they committed the crime because they were under duress or forced to act out of fear for their safety. This defense argues that the defendant was threatened with harm or violence, which led them to commit the crime. While this defense is not always successful, it may result in reduced charges or penalties.

Call an Experienced Criminal Defense Attorney in Texas Right Away

If you face a felony or misdemeanor charge in Texas, a skilled Fort Worth criminal defense lawyer will work hard to protect your legal rights and interests at every stage of the criminal proceedings. They will do everything possible to secure a favorable result in your case.

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