Felonies and Misdemeanors Under Texas State Law

Felonies and misdemeanors in Texas

When you’re facing criminal charges in the Lone Star State, it helps to know the difference between felonies and misdemeanors in Texas. While all criminal charges can have a long-term impact on your life, these two categories of crimes differ in severity and penalties.

Whether you’re dealing with a misdemeanor or a felony charge in Texas, having an experienced Texas criminal defense attorney by your side can make all the difference. Broden & Mickelsen, LLP brings over 70 years of combined experience to help us protect our clients’ rights. Don’t face the courts on your own – call us today for a free consultation and find out how we can fight for you.

How Broden & Mickelsen, LLP Can Help with Texas Felony and Misdemeanor Charges

If you are facing criminal charges in Texas, the board-certified criminal defense lawyers at Broden & Mickelsen, LLP can support you by doing the following:

  • Offering Sound Legal Guidance – Our criminal defense attorneys can advise you on critical steps and give you a better idea about what to expect during the criminal process.
  • Conducting a Thorough Investigation – We examine the details of the alleged incident to gather evidence supporting your version of events or to strengthen our position during plea negotiations.
  • Filing Pre-Trial Motions – We challenge questionable or unlawfully obtained evidence presented by the state by submitting motions to suppress to the court.
  • Advocating During Negotiations – We engage with prosecutors to secure a favorable plea deal if appropriate, or pursue a complete dismissal of the charges against you.
  • Providing Trial Representation – If your case goes to court, our criminal defense lawyers present a powerful, strategic defense before a judge or jury.

With over 70 years of combined criminal defense practice, our track record includes numerous not guilty verdicts, charge dismissals, and reduced charges in state and federal criminal cases. We also have extensive experience in state and federal appellate courts.

Here’s what two of our many satisfied former clients had to say about us:

“After two previous attorneys failed to push my case forward for over a year, Mr. Broden stepped in and achieved outstanding results within months. His sharp and aggressive approach against the prosecution … was exactly what my case needed to reach a DISMISSAL! [He] did not shy away from exposing the flaws in my case. He was also incredibly responsive, always keeping me informed and addressing my concerns promptly.”
– Kyle N.

“Mr. Mickelsen was knowledgeable, compassionate, and professional from beginning to end. He was always readily available and patient with all our questions and concerns throughout the entire process. He has tremendous experience and knowledge of the law and does a tremendous job of explaining complicated legal matters so that they are easy to comprehend.”
– Steve R.

What Is a Misdemeanor in Texas?

A misdemeanor is a less severe criminal offense compared to a felony. While misdemeanor offenses can result in a jail sentence and fines, the penalties are typically less severe and have a shorter-lasting impact on a person’s life.

Texas misdemeanor charges fall into three categories, ordered from most serious to least:

  1. Class A misdemeanors
  2. Class B misdemeanors
  3. Class C misdemeanors

While misdemeanor charges in Texas may seem minor, a criminal conviction can still lead to long-term consequences. If convicted, you may have difficulty securing employment, housing, and retaining your professional licenses. Working with a criminal defense lawyer in Texas may help minimize the consequences against you.

What Is Considered a Felony in Texas?

Felony offenses in Texas are serious crimes with severe penalties, including lengthy prison sentences and steep fines. Felony convictions can also affect your civil rights, such as the ability to vote and own firearms.

If you’ve been charged with a felony, hiring a skilled criminal defense lawyer is crucial. Public defenders typically juggle large caseloads and may not be able to devote the same kind of time to your case as the lawyers at Broden & Mickelsen, LLP.

Types of Felonies in Texas

Felony charges in Texas are divided into five categories from most to least serious:

  1. Capital felony
  2. First-degree felony
  3. Second-degree felony
  4. Third-degree felony
  5. State jail felony

Capital felonies are the most serious type of crime, while state jail felonies are the least severe.

Facing felony charges in Texas can be overwhelming, but an experienced criminal defense lawyer can provide the guidance and representation you need. Whether you’re facing a state jail felony or are accused of capital murder, our firm will build a strong defense on your behalf.

Examples of Misdemeanors and Felonies in Texas

Some crimes are always misdemeanors or felonies. Some crimes, like embezzlement, can be either, depending on their severity and other relevant factors.

Misdemeanors include:

  • Disorderly conduct
  • Indecent exposure
  • Public intoxication
  • Possession of a small amount of certain controlled substances
  • Shoplifting or theft of items valued under $750
  • Criminal trespass
  • Reckless driving

Felony crimes include:

Each criminal offense carries unique legal challenges, and the penalties can vary significantly depending on the unique facts of your case. Consulting a criminal defense attorney in Dallas at Broden & Mickelsen, LLP can help you understand whether you’re facing felony or misdemeanor charges and what penalties you may face.

Penalties for Texas Misdemeanors and Felonies

Texas law imposes distinct penalties for misdemeanors and felonies. Consequences can vary based on factors like prior convictions, the use of a deadly weapon, and whether a crime resulted in serious bodily injury. The way your charges are classified will determine which penalties you’ll face.

Misdemeanor Penalties for Texas Crimes

  • Class A misdemeanor: Up to a year in jail and/or a fine of up to $4,000
  • Class B misdemeanor: A maximum jail sentence of 180 days in a county jail and/or a fine of up to $2,000
  • Class C misdemeanor: Fine of up to $500

Penalties for Felony Crimes in Texas

  • Capital felony: Life imprisonment without parole or the death penalty
  • First-degree felony: Five to 99 years in prison and/or a fine of up to $10,000
  • Second-degree felony: Two to twenty years in prison and/or a fine of up to $10,000
  • Third-degree felony: Two to ten years in prison and/or a fine of up to $10,000
  • State jail felony: 180 days to two years in a state jail and/or a fine of up to $10,000

Note that, unlike most felonies, which are punished by two or more years in prison, state jail felonies carry jail time instead.

Because the penalties for convictions can have serious consequences – even for misdemeanor convictions – it’s important to work with an experienced criminal defense lawyer. Even a Class C misdemeanor can make it difficult for you to pass background checks and secure housing. Having a felony record can lead to significant collateral consequences. Broden & Mickelsen, LLP will fight to reduce or dismiss your charges to minimize or eliminate these life-altering consequences.

When you work with us, we’ll review your case and help you understand the criminal charges against you. Next, we’ll perform our own investigation, which allows us to uncover possible defenses and exculpatory evidence. Depending on the specific circumstances of your case, we may be able to reduce the charges through plea negotiations, exclude key evidence, or secure a case dismissal.

Whether your charges are settled out of court, we take your case to trial, or we appeal a conviction, we’ll fight aggressively to protect your rights throughout the entire process.

Contact an Experienced Texas Misdemeanor and Felony Defense Lawyer

If you’re facing misdemeanor or felony charges in Texas, a conviction can impact your life for years to come. The legal system is complex, and navigating it without the help of an experienced criminal defense lawyer in Texas can be risky.

The attorneys at Broden & Mickelsen, LLP are board-certified specialists in criminal law and criminal appellate law by the Texas Board of Legal Specialization. With over six decades of combined experience, we offer comprehensive representation at both trial and appellate levels. Our firm is licensed to handle both state and federal cases.

We are dedicated to protecting your rights and achieving the best possible outcome for your case. Whether you’re dealing with a misdemeanor charge, a state jail felony, or severe federal felony offenses, we have the sophisticated strategy and advocacy skills to fight for you.

Contact us today for a free consultation.

Frequently Asked Questions

Can a misdemeanor be raised to a felony in Texas?

Yes. This typically happens because of any of the following:

  • Prior convictions, such as a third DWI charge
  • Aggravating factors, including using a firearm or another deadly weapon during a misdemeanor crime
  • Special circumstances, such as committing a crime within a designated drug-free zone or against an elderly individual

Will a misdemeanor or felony show up on a background check?

Yes, they appear on your public criminal record permanently unless they have been officially sealed or expunged. Note, though, that arrests and charges that did not lead to a conviction can still appear on your background check until you clear them.

Can a Texas felony or misdemeanor charge be dismissed?

Yes. Some of the ways this can happen include the following:

  • The prosecutor dropping a case because of weak evidence, missing witnesses, or the defendant having completed diversion programs
  • A grand jury deciding to not indict if they find insufficient probable cause
  • A judge dismissing the charge(s) if rights were violated or evidence was collected illegally.

What is the difference between jail and prison in Texas criminal cases?

Although often used interchangeably, jails and prisons differ significantly based on the severity of the offense, the duration of stay, and how they are administered, as follows:

  • City or County Jails – Managed locally, these short-term facilities hold individuals awaiting trial or serving sentences for minor misdemeanors.
  • State Jails – Serving as mid-level facilities, they are designated specifically for handling lower-level felonies.
  • Prisons – These institutions are designed for individuals serving long-term sentences for felony offenses.