Felony vs. Misdemeanor in Texas: What San Antonio Defendants Should Know
Being charged with a crime in Texas is a life-changing experience. Whether you are facing a minor offense or a serious allegation, the consequences can affect your freedom, career, and future opportunities. One of the first things defendants in San Antonio need to understand is the difference between felonies and misdemeanors under Texas law. Each category carries different penalties, and knowing where your case falls can help you take the right steps to protect yourself.
If you or a loved one has been arrested, contacting an experienced San Antonio criminal lawyer should be your first priority. Let’s break down what separates misdemeanors from felonies, how they are classified, and what you can expect if you are charged with one of these offenses.
What Is a Misdemeanor in Texas?
A misdemeanor is generally considered a lower-level offense compared to a felony. That does not mean misdemeanors are harmless; a conviction can still result in jail time, heavy fines, and a permanent mark on your criminal record.
Misdemeanor Categories in Texas
Texas divides misdemeanors into three classes:
- Class C Misdemeanor
The least severe type. Penalties typically include fines up to $500, but no jail time. Examples include minor traffic violations, public intoxication, or disorderly conduct. - Class B Misdemeanor
Punishable by up to 180 days in county jail and fines up to $2,000. Common offenses include first-offense DWI, possession of small amounts of marijuana, and criminal trespass. - Class A Misdemeanor
The most serious misdemeanor level. A conviction can mean up to one year in county jail and fines up to $4,000. Assault causing bodily injury and theft of property valued between $750 and $2,500 are typical examples.
While misdemeanors may seem less intimidating than felonies, they should not be underestimated. Even a Class B conviction can disrupt your career, result in loss of professional licenses, and damage your reputation.
What Is a Felony in Texas?
Felonies are the most serious criminal charges in Texas. A felony conviction can lead to years or even life in prison, steep fines, and long-lasting collateral consequences like losing the right to vote, own firearms, or hold certain jobs.
Felony Categories in Texas
Texas law classifies felonies into five levels:
- State Jail Felony
Punishable by 180 days to two years in a state jail facility and fines up to $10,000. Examples include theft of property valued between $2,500 and $30,000, or certain drug possession charges. - Third-Degree Felony
Penalties include 2 to 10 years in prison and up to $10,000 in fines. Crimes such as intoxication assault and certain types of theft or drug trafficking fall here. - Second-Degree Felony
Punishable by 2 to 20 years in prison and fines up to $10,000. Examples include aggravated assault, robbery, and sexual assault. - First-Degree Felony
The punishment can range from 5 to 99 years in prison or life, plus up to $10,000 in fines. Crimes like aggravated robbery, aggravated sexual assault, and certain drug trafficking offenses are first-degree felonies. - Capital Felony
The most severe level. Punishments include life in prison without parole or, in some cases, the death penalty. Capital murder is the most common example.
Because felony charges carry such weight, it is critical to seek immediate legal representation. A San Antonio criminal lawyer can investigate the evidence, challenge the prosecution’s case, and fight for reduced charges or a dismissal.
Key Differences Between Felonies and Misdemeanors
While the obvious distinction is severity of punishment, there are several practical differences between the two categories:
Jail vs. Prison
- Misdemeanor convictions usually result in county jail sentences of less than one year.
- Felony convictions typically mean state prison or state jail sentences of over one year.
Long-Term Consequences
- Misdemeanors may cause difficulties with jobs, housing, or licenses, but felonies bring lifelong restrictions, including loss of certain civil rights.
Criminal Record Impact
- Both appear on background checks, but felonies are considered much more serious by employers, landlords, and schools.
Plea Options
- Prosecutors may be more willing to negotiate plea deals for misdemeanors. Felony cases often require more aggressive defense strategies.
Common Misdemeanor and Felony Offenses in San Antonio
In Bexar County and across San Antonio, some offenses are commonly charged at both levels depending on the circumstances:
- DWI/DUI: A first-time DWI is often a Class B misdemeanor, but repeat offenses or cases involving injuries can rise to felony status.
- Assault: Simple assault may be a Class A misdemeanor, while aggravated assault with a weapon is a felony.
- Drug Possession: Small amounts may be charged as misdemeanors, but larger quantities or intent to distribute can lead to felony charges.
- Theft: Value of stolen property largely determines whether the charge is a misdemeanor or felony.
Understanding the category of your charge is critical, as it directly impacts your defense strategy.
Collateral Consequences of a Conviction
Beyond the official sentence, both misdemeanors and felonies can cause collateral consequences that follow you for years:
- Difficulty finding employment due to background checks
- Problems securing housing or professional licenses
- Immigration consequences, including deportation for non-citizens
- Inability to legally own firearms (especially after a felony conviction)
- Damaged reputation in your community
This is why contacting a San Antonio criminal lawyer as early as possible is essential. An attorney may be able to keep charges off your record or secure a result that limits these lasting consequences.
How a San Antonio Criminal Lawyer Can Help
No matter the charge, the right defense attorney can make a significant difference in your case. Here’s what an experienced lawyer can do for you:
Investigate the Case
They will review police reports, witness statements, and evidence to identify weaknesses in the prosecution’s case.
Protect Your Rights
From the moment of your arrest, law enforcement must follow strict procedures. Your lawyer will ensure your constitutional rights are not violated.
Negotiate With Prosecutors
In many cases, an attorney can negotiate for reduced charges, alternative sentencing, or dismissal.
Represent You at Trial
If your case goes before a jury, a skilled lawyer will fight for acquittal and present the strongest defense possible.
Steps to Take if You Are Charged
If you or a loved one is facing a misdemeanor or felony in San Antonio, here are important steps to follow:
- Do Not Talk to Police Without a Lawyer – Anything you say can be used against you.
- Contact a San Antonio Criminal Lawyer Immediately – The sooner you act, the better your chances of a strong defense.
- Gather Evidence and Documents – Keep track of any paperwork, citations, or potential witnesses.
- Follow Court Requirements – Missing court dates or violating bond conditions can worsen your situation.
- Stay Informed – Understand your charges, possible penalties, and defense options.
Conclusion
The difference between a misdemeanor and a felony in Texas may come down to months in county jail versus decades in state prison. Both categories, however, can change your life in significant ways. If you are facing charges in San Antonio, you cannot afford to take chances.
A dedicated San Antonio criminal lawyer will help you understand your options, fight to protect your rights, and work toward the best outcome in your case. Whether it’s a Class C misdemeanor or a first-degree felony, the right defense can mean the difference between moving forward with your life and living with the weight of a conviction.
