What is the Difference Between Misdemeanors and Felonies in Texas?

What is the Difference Between Misdemeanors and Felonies in Texas?

If you get arrested in Texas, it’s important to understand if you’re facing misdemeanor or felony charges. There are some big differences between the two that can really impact the penalties you face if convicted. This article will break it all down in a simple way so you understand what’s going on.

First off, misdemeanors are generally less serious crimes that don’t involve violence against another person. The penalties are also not as harsh. You’ll usually end up with probation, community service, rehab programs, fines under $4,000, and jail time of less than a year if convicted. Some common misdemeanors are petty theft, minor drug possession, and DUI.

Now felonies are much more serious. We’re talking violent crimes like murder, rape, kidnapping, or robbery. If convicted, you’ll face at least a year in state prison, massive fines, and you can even face the death penalty for the most serious felonies like murder. So ya, big difference!

Classes of Misdemeanors in Texas

There are 3 classes of misdemeanors in Texas, ranked from least to most serious:

• Class C – Punishable by fines up to $500, no jail time
• Class B – Up to 180 days in jail and/or fines up to $2,000
• Class A – Up to 1 year in jail and/or fines up to $4,000

As you move up from Class C to Class A, the crimes get more serious and the punishments get harsher. But even Class A misdemeanors aren’t as bad as felonies.

Types of Felonies in Texas

Now let’s talk about felonies. There are 5 classes of felonies in Texas:

1. Capital Felonies – Can get death penalty or life in prison without parole. Think murder.
2. First Degree Felony – 5 to 99 years in prison and/or fines up to $10,000.
3. Second Degree Felony – 2 to 20 years in prison and/or fines up to $10,000
4. Third Degree Felony – 2 to 10 years in prison and/or fines up to $10,000
5. State Jail Felony – Up to 2 years in state jail and/or fines up to $10,000

Capital and first degree felonies are the really serious crimes like murder, rape, kidnapping. As you go down the list, the felonies get a little less serious but are still much worse than misdemeanors.

How Misdemeanors Become Felonies

Sometimes you can actually turn a misdemeanor into a felony by repeatedly committing the same crime. For example, a first or second DUI is usually a misdemeanor. But if you get a third DUI, that can become a felony DUI charge. The penalties go way up because it’s clear you didn’t learn your lesson!

Losing Your Rights

One of the big things about being convicted of a felony vs a misdemeanor is that you can lose certain rights if you get a felony. Some of the rights felons lose are:

• Right to vote
• Right to hold public office
• Right to possess a firearm
• Right to serve on a jury

So as you can see, felonies come with some huge consequences that misdemeanors don’t have. You really don’t want to end up with a felony on your record if you can avoid it!

Getting a Felony Reduced

If you’re facing felony charges, one thing your lawyer will try to do is get the charges reduced to a misdemeanor. There’s a few ways this can happen:

• The prosecutor agrees to reduce the charges
• Plead guilty to the felony but get misdemeanor penalties
• Diversion programs for first-time offenders

But you have to negotiate with the prosecutor and convince them. If you have a good lawyer, they can sometimes pull this off for you.

How Lawyers Can Help

If you’re facing criminal charges, having a good lawyer on your side can make all the difference. They will thoroughly investigate your case and build the strongest defense. If it’s a felony, they’ll look for ways to get it reduced to a misdemeanor to limit the penalties. A good lawyer knows all the rules and laws and can give you the best chance of coming out OK.

So don’t try to handle this stuff yourself. Get an experienced criminal defense lawyer working for you right away. It’s your best shot at beating the charges or reducing the penalties. The costs of a lawyer are nothing compared to spending years in prison! Don’t take any chances with your freedom.

Well I hope this breakdown of misdemeanors vs felonies in Texas was helpful! Let me know if you have any other questions.

-Mike