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Christopher M. Choate
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Houston, Texas 77002
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Texas Criminal Classifications PDF Print E-mail

In Texas, "Offenses are designated as felonies or misdemeanors."  Tex. Penal Code § 12.02. 

Misdemeanors, then, are "classified according to the relative seriousness of the offense into three categories":

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

When a misdemeanor offense is silent as to what is its punishment or category, it is deemed to be a Class C misdemeanor, which "does not impose any legal disability or disadvantage."  Tex. Penal Code § 12.03.

A Class A misdemeanor in Texas can be punished with a fine of up to $4,000.00; confinement in jail for up to one year; or both.  Tex. Penal Code § 12.21.

A Class B misdemeanor in Texas can be punished with a fine of up to $2,000.00; confinement in jail for up to 180 days; or both.  Tex. Penal Code § 12.22.

A Class C misdemeanor in Texas can be punished with a fine of up to $500.00.  Tex. Penal Code § 12.22.

Felonies, in turn, are also "classified according to the relative seriousness of the offense into five categories":

  1. Capital felonies;
  2. Felonies of the first degree; 
  3. Felonies of the second degree; 
  4. Felonies of the third degree; and 
  5. State jail felonies.

When a felony offense is silent as to its category, it will be deemed to be a state jail felony.  Tex. Penal Code § 12.04.

Capital felony offenses for which the state seeks the death penalty can be punished by life imprisonment without parole, or by death.  Capital felony offenses for which the state does not seek the death penalty can be punished by life imprisonment without parole.  Tex. Penal Code § 12.31.

Felonies of the first degree can be punished with imprisonment for life or any term of imprisonment between 5 and 99 years.  Additionally, a fine of up to $10,000.00 may be ordered.  Tex. Penal Code § 12.32.

Felonies of the second degree can be punished with a term of imprisonment between 2 and 20 years.  Additionally, a fine of up to $10,000.00 may be ordered.  Tex. Penal Code § 12.33.

Felonies of the third degree can be punished with a term of imprisonment between 2 and 10 years.  Additioanlly, a fine of up to $10,000.00 may be ordered.  Tex. Penal Code § 12.34.

State jail felonies can be punished with a term of imprisonment between 180 days and 2 years.  Additionally, a fine of up to $10,000.00 may be ordered.  However, when a deadly weapon is involved, the individual will be punished as if he had committed a third-degree felony, subject to certain requirements of proof.  Additionally, if the individual has a prior felony conviction under certain statutes, then he will be sentenced as if he committed a third-degree felony.  Tex. Penal Code § 12.35.

 

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