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

Texas Misdemeanor Classes

Texas has three classes of misdemeanors, prosecuted in the Bexar County Courts at Law at the Cadena-Reeves Justice Center. Class C is the least serious — fine only, no jail time, but still a permanent criminal conviction on your record. Class B includes up to 180 days in Bexar County Jail and a $2,000 fine. Class A includes up to 1 year in Bexar 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 require grand jury indictment and are prosecuted in the Bexar County District Courts at Cadena-Reeves. 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

Key Practical Differences in Bexar County

Court assignment. Misdemeanors go to the Bexar County Courts at Law. Felonies go to Bexar County District Courts. Both are at Cadena-Reeves, 300 Dolorosa Street.

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

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

Collateral consequences. Felony convictions trigger voting rights loss and firearm prohibition. Both misdemeanor and felony convictions are permanent and appear on background checks. See our San Antonio criminal defense page.