What's the Difference Between a Misdemeanor and Felony in Texas?

Texas Misdemeanor Classes

Texas has three classes of misdemeanors, prosecuted in the Travis County Courts at Law at Blackwell-Thurman. Class C is the least serious — fine only, no jail time, but still a criminal conviction. Class B includes up to 180 days in county jail and a $2,000 fine. Class A includes up to 1 year in county jail and a $4,000 fine. A first-offense DWI is a Class B misdemeanor. A DWI with a BAC of 0.15 or above is a Class A.

Texas Felony Levels

Texas felonies are prosecuted in District Courts and carry significantly higher stakes. From least to most severe:

• State Jail Felony: 180 days to 2 years in a state jail facility, up to $10,000 fine (DWI with child passenger, drug possession in larger quantities)
• Third Degree Felony: 2 to 10 years in TDCJ, up to $10,000 (third-offense DWI, intoxication assault, aggravated assault)
• Second Degree Felony: 2 to 20 years in TDCJ, up to $10,000 (intoxication manslaughter, aggravated assault with deadly weapon)
• First Degree Felony: 5 to 99 years or life in TDCJ, up to $10,000 (capital murder eligible for death penalty)

Key Practical Differences

Where the case is prosecuted. Misdemeanors go to the Travis County Courts at Law, prosecuted by the Travis County Attorney. Felonies go to Travis County District Courts, prosecuted by DA José Garza. Both are at Blackwell-Thurman.

Grand jury. Felony charges require grand jury indictment before proceeding in District Court. Misdemeanor charges do not.

Deferred adjudication. Available for most felonies and misdemeanors — but not for DWI at any level under Texas CCP Art. 42A.102.

Collateral consequences. Felony convictions trigger voting rights loss, firearm prohibition, and broader background check impacts. Both misdemeanor and felony convictions are permanent and appear on background checks. Learn more on our Austin criminal defense page.