What’s the Difference Between a Felony and a Misdemeanor in Texas?

In the state of Texas, criminal offenses are categorized based on their severity and the corresponding punishments. Understanding the distinction between a felony and a misdemeanor is crucial, as it affects not only the legal consequences but also the long-term impact on an individual’s life. If you or a loved one is facing charges, you may need to secure a bail bond to ensure release from custody while awaiting trial.

Classification of Offenses

Offenses in Texas are designated as either felonies or misdemeanors. The primary difference between the two lies in the seriousness of the crime and the severity of the punishment imposed upon conviction.

Misdemeanors

Misdemeanors are considered less severe offenses and are punishable by fines and shorter terms of incarceration in a county jail. They are classified into three categories:

Class A Misdemeanor

  • Punishments:
    • A fine not to exceed $4,000.
    • Confinement in jail for a term not to exceed one year.
    • Or both a fine and confinement.

Class B Misdemeanor

  • Punishments:
    • A fine not to exceed $2,000.
    • Confinement in jail for a term not to exceed 180 days.
    • Or both a fine and confinement.

Class C Misdemeanor

  • Punishments:
    • A fine not to exceed $500.
    • No jail time is typically imposed.

Felonies

Felonies are more serious crimes that carry harsher penalties, including longer imprisonment terms in state facilities and larger fines. Felony convictions also have significant long-term consequences on an individual’s personal and professional life.

Felonies in Texas are classified into five categories:

  1. Capital Felony
  2. First-Degree Felony
  3. Second-Degree Felony
  4. Third-Degree Felony
  5. State Jail Felony

An offense designated as a felony without a specified degree is considered a State Jail Felony.

Capital Felony

  • Punishments:
    • Death penalty or life imprisonment without parole.
  • Example:
    • Capital murder.

In cases where the state does not seek the death penalty, the punishment is life imprisonment without parole. If the defendant was a juvenile at the time of the offense, different sentencing rules may apply.

First-Degree Felony

  • Punishments:
    • Imprisonment for life or for a term of 5 to 99 years.
    • An optional fine not to exceed $10,000.
  • Example:
    • Theft of property valued at $300,000 or more.

Second-Degree Felony

  • Punishments:
    • Imprisonment for 2 to 20 years.
    • An optional fine not to exceed $10,000.
  • Example:
    • Theft of property valued between $150,000 and $300,000.

Third-Degree Felony

  • Punishments:
    • Imprisonment for 2 to 10 years.
    • An optional fine not to exceed $10,000.
  • Example:
    • Theft of property valued between $30,000 and $150,000.

State Jail Felony

  • Punishments:
    • Confinement in a state jail for 180 days to 2 years.
    • An optional fine not to exceed $10,000.
  • Example:
    • Theft of property valued between $2,500 and $30,000.

Note: Under certain circumstances, a State Jail Felony can be elevated to a Third-Degree Felony, such as when a deadly weapon was used during the commission of the crime or if the defendant has prior felony convictions.

Impact of Felony Convictions

A felony conviction extends beyond imprisonment and fines; it can have a profound impact on an individual’s future:

  • Employment: Many employers conduct background checks, and a felony record can disqualify candidates from job opportunities.
  • Housing: Felony convictions can make it difficult to rent housing, as landlords may view felons as high-risk tenants.
  • Education: Eligibility for certain educational programs and financial aid can be affected.
  • Professional Licenses: Obtaining licenses for certain professions may be prohibited.
  • Voting Rights: Felons may lose the right to vote while incarcerated, and restoration varies by state.

These challenges can contribute to higher rates of recidivism, as individuals struggle to reintegrate into society. It’s essential for those charged with felonies to seek legal counsel to explore options like plea agreements, alternative sentencing, or record sealing.

Legal References

The definitions and punishments for offenses are detailed in the Texas Penal Code.

TEXAS PENAL CODE TITLE 3. PUNISHMENTS, CHAPTER 12. PUNISHMENTS

(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 Texas Department of Criminal Justice 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 Texas Department of Criminal Justice for:

(1) life, if the individual committed the offense when younger than 18 years of age; or

(2) life without parole, if the individual committed the offense when 18 years of age or older.

(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:

(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or

(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.

This law is about the punishment for capital felonies (very serious crimes) in Texas. If someone is found guilty of a capital felony, they can be sentenced to life in prison without parole or death if the state seeks the death penalty. If the state doesn’t seek the death penalty, the punishment depends on the person’s age when they committed the crime. If they were under 18, they get life in prison with the possibility of parole. If they were 18 or older, they get life without parole. The law also says that jurors must be told about these punishments before the trial starts.

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice 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.

This law describes the punishment for a first-degree felony in Texas. Someone found guilty of this type of crime can be sent to prison for anywhere between 5 years and 99 years, or even for life. On top of that, they might also have to pay a fine of up to $10,000. The judge or jury decides the exact length of the prison sentence within this range, and whether to add a fine or not.

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice 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.

This law explains the punishment for a second-degree felony in Texas. If someone is found guilty of this type of crime, they can be sent to prison for a period ranging from 2 to 20 years. The exact length of the sentence is decided within this range. Additionally, the person may be ordered to pay a fine of up to $10,000, but this fine is optional and can be added on top of the prison sentence.

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice 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.

This law outlines the punishment for a third-degree felony in Texas. If a person is found guilty of this level of crime, they can be sentenced to prison for a period between 2 and 10 years. The exact length of the sentence is determined within this range. In addition to prison time, the convicted person might also have to pay a fine of up to $10,000, though this fine is not mandatory and can be added to the prison sentence at the court’s discretion.

(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) under Section 21.02 or listed in Article 42A.054(a), Code of Criminal Procedure; or

(B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.

This law describes the punishment for state jail felonies in Texas. Here’s a simple breakdown:

  • Usually, someone found guilty of a state jail felony can be confined in a state jail for 180 days to 2 years.
  • They might also have to pay a fine of up to $10,000, on top of their jail time.
  • However, in some special cases, a state jail felony can be punished more severely, like a third-degree felony. This happens if:
    • A deadly weapon was used during the crime or while running away after it, or
    • The person has been convicted before of certain serious felonies.

In these special cases, the punishment would be more severe than a typical state jail felony.

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

Sec. 12.21. CLASS A MISDEMEANOR. 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.

Sec. 12.22. CLASS B MISDEMEANOR. 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.

Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

This section of the law describes the punishments for different classes of misdemeanors in Texas. Here’s a simple breakdown:

  • Class A Misdemeanor (most serious):
    • Fine up to $4,000
    • Jail time up to 1 year
    • Or both fine and jail time
  • Class B Misdemeanor (middle level):
    • Fine up to $2,000
    • Jail time up to 180 days (about 6 months)
    • Or both fine and jail time
  • Class C Misdemeanor (least serious):
  • Fine up to $500
    • No jail time

For Class A and B misdemeanors, the judge can choose to give just a fine, just jail time, or both. For Class C misdemeanors, only a fine is given. The exact punishment within these limits is decided based on the specific case and circumstances.

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