Misdemeanor vs. Felony Charges in Austin: What’s the Difference?

Whether it’s a simple speeding ticket, a DWI on Sixth Street in downtown Austin, Assault, or even something as serious as Capital Murder, every potential charge you may face in Austin carries with it a label and range of punishment. These labels are usually boiled down to Misdemeanors and Felonies. However, what does it exactly mean to be facing a Misdemeanor vs. a Felony?

Often, this distinction is serious and sometimes confusing. The designation Misdemeanor or Felony can affect things like the type of court you are in, how much time you can potentially be incarcerated for, where you are incarcerated, and how much in fees you can be charged. This is why it is important to have an experienced Austin Criminal Defense Attorney on your side to guide you through the process.

What is a Misdemeanor?

Misdemeanors in Austin are considered to be lower-level offenses. Typically, a misdemeanor is characterized as an offense that carries a punishment not to exceed one year in the county jail – rather than imprisonment in the Texas Department of Criminal Justice (TDCJ). However, this distinction can be broken down even further, as Texas characterizes Misdemeanors as either being Class A, Class B, or Class C.

Class C Misdemeanors

A Class C Misdemeanor in Austin is the lowest-level offense you can be charged with. Under Texas Penal Code § 12.23, an individual adjudged guilty of a Class C Misdemeanor shall be punished by a fine not to exceed $500. This means that a Class C Misdemeanor, upon conviction, does not carry a punishment of jail time.

Some of the most common Class C Misdemeanors include (1) Speeding citations; (2) Public Intoxication; (3) Disorderly Conduct; and (4) Simple Assault.

Because a Class C Misdemeanor only has the potential to impose a maximum fine of $500, they are typically handled in courts of no record. This means that if you were charged with a Class C Misdemeanor in Travis County, your case will likely be heard in either a Justice of the Peace Court or one of the various Municipal Courts in and around Austin. This can include Austin Municipal Court, Downtown Austin Community Court, Lakeway Municipal Court, Manor Municipal Court, and so on.

Class B Misdemeanors

A Class B Misdemeanor in Austin is the mid-tier level of misdemeanor you can be charged with. It is more serious than a Class C but less severe than a Class A. Under Texas Penal Code § 12.22, an individual adjudged guilty of a Class B Misdemeanor shall be punished by a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or both such fine and confinement. This means that, unlike a Class C Misdemeanor, a Class B Misdemeanor can carry potential jail time in addition to monetary penalties.

Some of the most common Class B Misdemeanors in Austin include: (1) Driving While Intoxicated (First Offense); (2) Criminal Trespass; (3) Driving While License Invalid (Second Offense); and (4) Theft of Property Valued Between $100 and $750.

Because a Class B Misdemeanor carries the potential for confinement in the county jail, these cases are typically filed and prosecuted in the County Courts at Law. In Travis County, Class B Misdemeanors are handled by the County Attorney’s Office and heard in one of the designated County Courts at Law located at the Blackwell-Thurman Criminal Justice Center in downtown Austin.

Class A Misdemeanors

A Class A Misdemeanor in Austin is the most serious level of misdemeanor offense under Texas law. Under Texas Penal Code § 12.21, an individual adjudged guilty of a Class A Misdemeanor shall be punished by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both such fine and confinement. This means that a Class A Misdemeanor carries the highest level of punishment available before reaching felony classification.

Some of the most common Class A Misdemeanors include: (1) Assault Causing Bodily Injury; (2) Unlawful Carrying of a Weapon; (3) Driving While Intoxicated (Second Offense); and (4) Indecent Assault.

Again, based on the potential for up to one year of jail time, these cases are handled in the County Courts at Law. These cases are prosecuted by the County Attorney’s Office and heard at the Blackwell-Thurman Criminal Justice Center, alongside Class B Misdemeanors.

What is a Felony in Texas?

Felonies in Austin are considered to be the most serious level of offense under Texas law. Unlike Misdemeanors, which are punishable by confinement in the county jail, Felonies are typically punishable by potential confinement in the Texas Department of Criminal Justice (TDCJ).

The distinction of Felony can be broken down even further under Texas law. Texas separates felonies into five different categories based on their severity: (1) Capital Felonies; (2) First-Degree Felonies; (3) Second-Degree Felonies; (4) Third-Degree Felonies; and (5) State Jail Felonies. Each of these classifications carries with it a distinct and different range of punishment from one another and illustrates why having an experienced Austin Criminal Defense Attorney on your side is crucial when facing such a charge.

Texas State Jail Felonies

A State Jail Felony in Austin is the lowest-level felony you can be charged with under Texas law. Under Texas Penal Code § 12.35, an individual adjudged guilty of a State Jail Felony shall be punished by confinement in a state jail for a term of not more than two years and not less than 180 days and may also be fined up to $10,000. Unlike other higher-level felonies, a State Jail Felony is characterized by its confinement in a state jail facility rather than prison.

Some of the most common State Jail Felony offenses in Austin include: (1) Possession of a Controlled Substance < 1G; (2) Unauthorized Use of a Motor Vehicle; (3) Theft of Property Valued Between $2,500 and $30,000; and (4) Evading Arrest with a Vehicle.

Because State Jail Felonies are still felony-level offenses, they are heard in District Court rather than County Court. In Travis County, these cases are prosecuted by the Travis County District Attorney’s Office and heard in one of the Felony District Courts located in the Blackwell-Thurman Criminal Justice Center.

Third-Degree Felonies

A Third-Degree Felony in Austin is considered a mid-level felony offense. Under Texas Penal Code § 12.34, an individual adjudged guilty of a Third-Degree Felony shall be punished by imprisonment in the Texas Department of Criminal Justice for a term of not more than ten years and not less than two years and may also be fined up to $10,000. This is a significant escalation in punishment from the misdemeanors and State Jail Felonies previously discussed.

Some of the most common Third-Degree Felonies include: (1) Assault Family Violence Impeding Breath or Circulation; (2) Possession of a Controlled Substance >1G <4G; (3) Intoxication Assault; and (4) Driving While Intoxicated (Third Offense).

Because Third-Degree Felonies have the potential to carry a prison sentence, they are heard in District Court rather than County Court. In Travis County, these cases are prosecuted by the Travis County District Attorney’s Office and heard in one of the Felony District Courts located in the Blackwell-Thurman Criminal Justice Center.

Second-Degree Felonies

A Second-Degree Felony in Austin is a serious felony offense carrying the potential for a lengthy prison sentence. Under Texas Penal Code § 12.33, an individual adjudged guilty of a Second-Degree Felony shall be punished by imprisonment in the Texas Department of Criminal Justice for a term of not more than twenty years and not less than two years and may also be fined up to $10,000.

Some of the most common Second-Degree Felonies include: (1) Aggravated Assault; (2) Burglary of a Habitation; (3) Sexual Assault; and (4) Online Solicitation of a Minor.

Because Second-Degree Felonies have the potential to carry a prison sentence, they are heard in District Court rather than County Court. In Travis County, these cases are prosecuted by the Travis County District Attorney’s Office and heard in one of the Felony District Courts located in the Blackwell-Thurman Criminal Justice Center.

First-Degree Felonies

A First-Degree Felony in Austin represents one of the most serious classifications of offenses under Texas law. Under Texas Penal Code § 12.32, an individual adjudged guilty of a First-Degree Felony shall be punished by imprisonment in the Texas Department of Criminal Justice for a term of not more than 99 years or life and not less than five years and may also be fined up to $10,000.

Some of the most common First-Degree Felonies include: (1) Aggravated Robbery; (2) Aggravated Sexual Assault; (3) Murder; and (4) Aggravated Kidnapping.

Because First-Degree Felonies have the potential to carry a prison sentence, they are heard in District Court rather than County Court. In Travis County, these cases are prosecuted by the Travis County District Attorney’s Office and heard in one of the Felony District Courts located in the Blackwell-Thurman Criminal Justice Center.

Capital Felonies

A Capital Felony in Austin is the highest level and most serious felony under Texas law. Under Texas Penal Code § 12.31, an individual convicted of a Capital Felony shall be punished by either life imprisonment, life imprisonment without the possibility of parole, or, in cases where the State seeks it, the death penalty.

The most common example of a Capital Felony is Capital Murder, which is generally characterized as the intentional killing of another person under aggravating circumstances. This can include the murder of a police officer, a murder committed during the commission of another felony (like robbery or kidnapping), or the murder of multiple victims.