Felony vs. Misdemeanor Charges: What is the Difference and Why Does it Matter?

Not all crimes are created equal. In Texas, criminal charges are generally classified as misdemeanors or felonies based on the seriousness of the alleged offense and the penalties authorized by law. Both types of charges can lead to fines, probation, and jail or prison time. However, felony convictions carry more severe potential consequences and can affect a person’s life long after a criminal case ends.

Understanding the difference between a felony and a misdemeanor is important for anyone facing criminal accusations in Texas. You want to have the best criminal defense regardless of the situation. The classification of an offense can influence the potential punishment, court procedures, defense strategies, and long-term consequences for employment, housing, and other opportunities.

Misdemeanors in Texas

A misdemeanor is generally considered a less serious criminal offense than a felony. However, a misdemeanor conviction can still result in incarceration, fines, and a permanent criminal record. 

Texas has three classes of misdemeanors, based on the severity of the crime:

• Class A misdemeanor: Punishment includes up to one year in county jail, a fine of up to $4,000, or both. Examples may include certain assaults, theft offenses, and driving while intoxicated (DWI).
• Class B misdemeanor: Punishment includes up to 180 days in county jail, a fine of up to $2,000, or both. Examples may include first-offense criminal trespass or certain first-offense DWI cases.
• Class C misdemeanor: Punishment includes a fine of up to $500. Examples may include traffic violations and disorderly conduct offenses.

Felonies in Texas

A felony is a more serious criminal offense that can result in a state jail sentence or imprisonment in a state prison. Texas recognizes five felony classifications, ranging from state jail felonies to capital felonies. The applicable punishment depends on the offense, the facts of the case, and any relevant prior convictions. 

Texas has five classifications of felonies, based on the severity of the crime:

• State jail felony. Example: Theft of property. A person takes another person’s property valued at $5,000 without permission and with the intent to deprive the owner of it. Other example: Burglary of a building that is not a residence, such as a commercial building, can be a state jail felony under certain circumstances. Punishment includes 180 days to two years in jail and a fine of up to $10,000.
• Third-degree felony. Example: Knowingly discharging a firearm toward an occupied vehicle. This is when a person knowingly fires a gun at a vehicle while acting recklessly. Other example: Certain repeat family-violence assault offenses can qualify as third-degree felonies. Punishment includes 2 to 10 years in prison and a maximum fine of $10,000.
• Second-degree felony. Example: Burglary of a habitation. A person unlawfully enters someone else’s home intending to commit theft or another qualifying offense. Another example is manslaughter, which involves recklessly causing another person’s death and is generally a second-degree felony under Texas law. Punishment includes 2 to 20 years in prison and a maximum fine of $10,000. 
• First-degree felony. Example: Murder. A person who intentionally or knowingly causes another person’s death can be charged with murder. Other examples include certain aggravated sexual assault offenses and aggravated robbery cases. Punishment includes 5 to 99 years or life in prison as well as a maximum fine of $10,000.
• Capital felony. This is the most serious felony classification. Example: Murder of an on-duty police officer. This is when a person intentionally commits murder and kills a police officer who is lawfully performing official duties, knowing the victim is a peace officer. Other examples of capital murder include certain murders committed during a qualifying kidnapping, robbery, burglary, or aggravated sexual assault. Punishment includes life imprisonment without the possibility of parole or, when legally authorized, the death penalty. 

Key Differences Between Felonies and Misdemeanors

Although both types of offenses can lead to criminal penalties, there are several important distinctions:

• Severity of punishment: Misdemeanors generally carry lower penalties, while felonies can result in years or decades of imprisonment.
• Court proceedings: Misdemeanor cases are generally handled in county-level courts with misdemeanor jurisdiction, while felony cases proceed through district courts.
• Criminal record: Both convictions can appear on a criminal record. A felony conviction generally carries more significant legal and practical consequences.
• Employment and professional licensing: A criminal conviction may affect hiring decisions, occupational licensing, or eligibility for certain positions. This depends on the offense, the job, and applicable law.
• Civil rights and other legal restrictions: Some felony convictions can affect firearm possession and other rights. 

Why Do the Differences Matter?

• A felony conviction can have lasting consequences. A felony conviction may affect a person’s ability to secure employment, obtain housing, qualify for certain professional licenses, or pursue specific educational and financial opportunities. Some employers and licensing agencies consider criminal history when making decisions, although applicable restrictions and protections vary. Certain felony convictions can also limit firearm possession under state or federal law. The consequences depend on the offense and the person’s circumstances.
• Prior convictions can increase the potential punishment. A person’s criminal history may affect how prosecutors classify a new charge or how a judge sentences them. Texas law allows enhanced penalties for certain repeat offenses, and some crimes become felonies when specific prior convictions or other aggravating circumstances are present.
• Felony cases can involve more complex legal proceedings. Felony cases generally involve more serious allegations and may require extensive investigation, witness interviews, forensic analysis, and challenges to evidence. Misdemeanor cases also require careful preparation. Even a lower-level charge can have significant consequences. The charge can create obstacles when applying for certain jobs, professional credentials, or housing. 

Contact Us Today

Misdemeanor crimes are much less severe than felonies. A person can typically avoid jail time if they commit a misdemeanor, while felonies can have lifelong consequences. 

Whether you are charged with a misdemeanor or a felony, seek legal help right away. A Pearland criminal defense attorney at The Kahn Law Firm, P.C. can help. Hiring an experienced criminal defense attorney immediately is in your best interest. Schedule a consultation with our office by calling (281) 306-3314 or filling out the online form.