A criminal charge in Texas is a formal accusation that a person violated a criminal law. When someone is charged with a crime, prosecutors claim there is enough evidence to begin a criminal case against that person in court.
Prosecutors typically file formal criminal charges in Texas, though cases often begin with an arrest and a complaint supported by probable cause.
Key Takeaways
- Being charged means the government accuses you of a crime; it does not mean you are guilty.
- An indictment is a grand jury’s finding of probable cause required for most felony cases.
- Charged and indicted are different steps; many felony cases require both to proceed.
Legal Definition: Criminal Charge in Texas
In Texas law, a criminal charge is the official allegation that a person committed a specific crime. It must specify the law allegedly broken and provide the legal basis for criminal prosecution.
Charges typically arise after a police investigation and arrest, though prosecutors can also file charges later if evidence supports it. Once filed, the charge moves the case into the court system, where the accused has the opportunity to defend against the allegations.
You can think of a charge as the starting point of a criminal case. But just because a person is charged doesn't automatically mean that person is guilty. It simply means the government believes there is enough evidence to proceed with prosecution.
Criminal Charges vs. Civil 'Charges' (Civil Cases)
People sometimes say "civil charge," but most of the time they mean a civil case or civil lawsuit. Note that a civil case is not a criminal charge.
Here's a quick comparison of criminal charges vs. civil cases:
|
Criminal Charge |
Civil Case/Lawsuit |
|
|
Who starts it |
State/government |
Plaintiff (person or company) |
|
Goal |
Punish the crime |
Monetary damages or a court order |
|
Proof needed |
Beyond a reasonable doubt (at trial) |
Preponderance of evidence (in most cases) |
Note: A single event can lead to both a criminal case and a civil case. For example, a fight could lead to an assault charge (criminal) and a personal injury lawsuit (civil).
Examples of a Criminal Charge
Here are a few common examples of a criminal charge:
Theft Charge
If someone unlawfully took property without the owner's consent and with the intent to deprive the owner of it, prosecutors may file a theft charge under Texas Penal Code §31.03.
For example, if a person shoplifts electronics from a store and leaves without paying, law enforcement may arrest and charge that person with theft. The severity of the charge depends on the value of the stolen property.
In 2024, about 69.9% of Texas property crimes were larceny-theft (theft that is not motor-vehicle theft). (Source: USAFacts, FBI crime data)
Assault Charge
A person can face an assault charge under Texas Penal Code §22.01. Assault in Texas can mean:
-
hurting someone on purpose, knowingly, or by reckless actions,
-
threatening someone with imminent injury, or
-
touching someone in a way you know (or should know) the other person will see as offensive.
For instance, if someone punches another person during an argument at a bar, police may arrest the individual, and prosecutors may file an assault charge. The charge can become more serious if the victim is a family member or the injuries are severe.
In 2023, there were 244,026 incidents of simple assault, which made up the biggest share of reported violent crimes in Texas.
Drug Possession Charge
Possessing drugs like cocaine, meth, or heroin can lead to a drug possession charge under Texas Health and Safety Code §481.115. Other drugs can fall under different sections, depending on the drug type.
If police officers discover illegal substances during a traffic stop or search, prosecutors may charge the individual with possession. The penalties depend largely on the type and quantity of the drug involved.
DWI Charge
Driving while intoxicated (DWI) in Texas means being intoxicated while operating a motor vehicle in a public place. It can lead to a DWI charge under Texas Penal Code §49.04.
Intoxicated means having a blood alcohol concentration (BAC) of 0.08% or higher, or not having the normal use of mental or physical faculties due to alcohol or drugs.
What Is the Difference Between Indicted and Charged?
Many people assume that being charged and being indicted mean the same thing, but they refer to different steps in the criminal process.
When someone is charged, it means the prosecutor has formally accused that person of committing a crime.
Examples of charges include: DWI, drug possession, drug trafficking, assault, or domestic (family) violence.
On the other hand, being indicted means that a grand jury has determined there is probable cause to believe a felony was committed and that the case may proceed.
An indictment is a formal written accusation by a grand jury. It does not necessarily begin the case, but it is required for most felony prosecutions to proceed in court. An indictment is the formal charging document required in most felony cases, even if the person has been previously arrested or accused.
In felony cases, an indictment is required before prosecution can proceed in court, as defined by Texas Code of Criminal Procedure Article 21.01.
Defendants are not typically required to appear before a grand jury. Grand jury proceedings are conducted by the prosecutor, and the process usually happens without the defendant present.
Related: What happens after a grand jury indictment?
What Is the Difference Between Charged and Convicted?
Being charged means the state or government has accused you of a crime. A criminal charge marks the formal start of prosecution in court, though the process often begins earlier with an investigation or arrest.
On the other hand, being convicted means the court has officially found a person guilty of a crime. This can happen if a person pleads guilty, enters a no contest (nolo contendere) plea, or is found guilty at trial. After a conviction, the judge can impose a sentence such as jail time, prison, community supervision, or a fine.
What Is the Difference Between Felony and Misdemeanor Charges?
Texas criminal charges are divided into two main categories: misdemeanors and felonies. The difference mainly comes down to the severity of the offense and the possible penalties.
Misdemeanor Charges in Texas
Misdemeanors are considered less serious, but Class B and Class A misdemeanors can still lead to jail time.
|
Class |
Maximum Jail Time |
Maximum Fine |
Examples |
|
No jail |
Up to $500 |
Low-value theft (generally under $100), traffic-related offenses |
|
|
Up to 180 days |
Up to $2,000 |
First DWI (often Class B; can be Class A if BAC is 0.15+) |
|
|
Up to 1 year |
Up to $4,000 |
Assault causing bodily injury |
Felony Charges in Texas
Felony charges are much more serious than misdemeanors and usually involve prison sentences rather than county jail time.
|
Level |
Prison Time |
Maximum Fine |
Examples |
|
180 days to 2 years (state jail) |
Up to $10,000 fine |
Credit card abuse, low-level drug offenses |
|
|
2 to 10 years |
Up to $10,000 fine |
Certain assault or drug crimes |
|
|
2 to 20 years |
Up to $10,000 fine |
Robbery |
|
|
5 to 99 years (or life) |
Up to $10,000 fine |
Aggravated robbery |
How Does the Type of Charge Affect the Statute of Limitations?
Texas has deadlines for filing charges. Depending on the crime, the statute of limitations is usually:
-
Most misdemeanors: usually 2 years
-
Some assault (family violence) misdemeanors: 3 years
Many felonies have a 3- or 5-year statute of limitations depending on the offense, while some serious crimes, such as murder, have no time limit. Since the statute of limitations can be tricky, talk to a lawyer about your exact charge.
FAQs on Criminal Charges in Texas
What does it mean to be charged with a crime in Texas?
Being charged means the government formally accuses you of committing a crime. It starts the criminal case but does not mean you are guilty.
What does it mean to be indicted in Texas?
An indictment means a grand jury found probable cause to believe a felony was committed. It allows the case to move forward in court.
Can you be charged without being indicted?
Yes. A person can be charged before indictment. However, most felony cases in Texas require an indictment to proceed.
Do you go to jail after being charged?
Not necessarily. Some people are released on bond after arrest, while others may remain in custody depending on the charge and circumstances.
What is the difference between charged and convicted?
Being charged means you are accused of a crime. Being convicted means you were found guilty by a court or entered a guilty plea.
Let Michael & Associates Review Your Case
A criminal charge in Texas can have serious and lasting consequences, including fines, jail or prison time, and a criminal record that can affect your employment, housing, and future opportunities. The first step is to take the charge seriously from the beginning and understand your legal options.
Michael & Associates is a Texas-based criminal defense firm with offices across Texas, as well as in Nashville, Tennessee, and Los Angeles, California. Our attorneys defend clients facing a wide range of criminal charges, including DWI, drug offenses, theft, assault, domestic violence, and many other criminal cases.
If you or someone you know is dealing with a criminal charge in Texas, contact us today to schedule a free case review.
Legal disclaimer: This page reflects Texas law and does not apply to other states. Laws discussed are current as of 2026. It's for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
Sources:
https://tcss.legis.texas.gov/resources/PE/pdf/PE.22.pdf#22
https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=31.03
https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.49&artSec=49.04
https://statutes.capitol.texas.gov/?tab=1&code=HS&chapter=HS.481&artSec=481.115
Note: This article was written by Ben Michael, Managing Partner of Michael & Associates (Texas Bar Card #24088055). It was originally published in March 2026, and has been reviewed for accuracy by the Michael & Associates research team and the firm's Texas attorneys.
