The main difference between a felony and a misdemeanor in Texas is the severity of the crime. Felonies are more serious. The potential penalties reflect the seriousness: felonies are punishable by more than a year in a state prison, while misdemeanors are punishable by up to a year in a county jail, fines, or both.
Felonies also carry more significant long-term consequences, such as loss of voting rights, while misdemeanors are less severe.
Key Takeaways
- In Texas, misdemeanors are lower-level offenses with penalties of up to 1 year in county jail, while felonies are serious crimes that carry a sentence of more than 1 year in state jail or prison.
- Felonies create long-term consequences, including limits on voting, firearms, employment, housing, and licensing, which misdemeanors rarely trigger.
- Many misdemeanors can be sealed or expunged in Texas, but felony records are much harder to remove and often remain permanently accessible.
What Is a Misdemeanor in Texas?
Misdemeanors are the less severe category of criminal offenses. They carry lighter penalties and shorter jail sentences, and they rarely have the same life-altering impact as a felony.
Three Classes of Misdemeanors in Texas
These are categorized using letters. Class A is the most serious.
Class A Misdemeanor
- Up to one year in county jail
- Up to $4,000 fine
- Most serious misdemeanor level
- Common examples: first-degree assault (simple assault), repeat DWI with enhancements, and certain theft offenses.
Class B Misdemeanor
- Up to 180 days in county jail
- Up to $2,000 fine
- Common examples: first-time DWI, possession of small amounts of marijuana (until recently), trespassing.
Class C Misdemeanor
- Fine only (up to $500)
- No jail time
- Typical examples: traffic tickets, minor in possession of alcohol.
Misdemeanors can still disrupt your life, but they won't carry the same long-term consequences as felonies.
What Is a Felony in Texas?
Felonies are the most serious offenses under Texas law, carrying longer prison sentences, higher fines, and severe, potentially life-altering penalties. This underscores the gravity of a felony charge.
Texas has five levels of felonies:
State Jail Felony
- 180 days to two years in a state jail facility
- Up to $10,000 fine
- Typical examples: low-level theft, certain drug offenses, and burglary of a building.
Third-Degree Felony
- 2 to 10 years in prison
- Up to $10,000 fine
- Typical examples: intoxication assault, certain aggravated assaults, DWI with a child passenger.
Second-Degree Felony
- 2 to 20 years in prison
- Up to $10,000 fine
- Typical examples: aggravated assault, burglary of a habitation, sexual assault.
First-Degree Felony
- 5 to 99 years or life in prison
- Up to $10,000 fine
- Typical examples: aggravated robbery, large-scale drug charges, and certain violent crimes.
Capital Felony
- Life without parole or the death penalty
- Reserved for the most serious offenses.
Key Differences Between Felonies and Misdemeanors in Texas
| Category | Misdemeanor | Felony |
|---|---|---|
| Severity of the Crime | Typically involve less serious offenses. | More serious conduct, such as violence, major theft, drug trafficking, or threats to public safety. |
| Jail vs. Prison | County jail. | State prison or state jail facility. |
| Length of Sentence | Up to one year (or no jail at all). | More than one year, up to life. |
| Long-term consequences | rarely affect voting, firearms, licensing, or immigration unless the case involves violence or family violence. | Affects voting rights, firearm ownership, employment, housing, professional licenses, and immigration status. |
| Impact on Criminal Record | Some offenses can be expunged (or sealed through nondisclosure), especially after deferred adjudication. | Much harder to expunge or seal; felony records often remain permanently accessible. |
Which Is Worse?
It's simple: a felony is far more serious than a misdemeanor.
But even a Class B or Class A misdemeanor can affect your record, career, and future if not handled correctly.
When to Speak With a Criminal Defense Attorney
Whether you're facing a misdemeanor or a felony, early legal help can dramatically change the outcome. A misdemeanor can sometimes be reduced, dismissed, or sealed. A felony may be reduced to a misdemeanor — or even avoided entirely — with the right defense strategy.
If you're unsure how your charge is classified or what your options are, it's essential to get clarity fast. Understanding the classification of your charge puts you in control and allows you to make informed decisions about your legal strategy.
FAQs
What is the main difference between a misdemeanor and a felony in Texas?
Misdemeanors are lower-level offenses with lighter penalties, while felonies involve serious crimes that carry longer prison sentences and more severe long-term consequences, such as loss of rights, harder background checks, and restrictions on employment or housing.
Does a felony always mean prison time?
Not always. Some felony cases result in probation, reduced charges, or alternative sentencing, but the potential punishment is over a year in prison, making the consequences generally much more serious than misdemeanors.
Can a misdemeanor be expunged or sealed in Texas?
Yes. Many misdemeanors qualify for expunction or an order of nondisclosure, especially when the case ends in dismissal, not guilty, or deferred adjudication. Felonies, on the other hand, are much more complicated to seal.
Are Class A, B, and C misdemeanors all treated the same?
No. Class A is the most serious (up to 1 year in jail), Class B carries up to 180 days, and Class C is fine-only — usually tickets or low-level offenses with no jail time.
What are the long-term consequences of a felony conviction?
A felony can affect voting rights, firearm ownership, immigration status, housing eligibility, professional licensing, and employment opportunities — these consequences often last long after you've completed your sentence.
