Texas Criminal Punishment Levels

By Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

Offense Levels in Texas (updated as of January, 2018):

Class C Misdemeanors:  Punishable by a fine not to exceed $500:

• Traffic offenses
• Assault by contact
• Drug paraphernalia
• Disorderly conduct (other than firearm related)
• Theft under $100 (unless theft committed by check)
• Insufficient funds
• Minor in possession (MIP)
• Minor in Consumption

Class B Misdemeanors: Fine not to exceed $2,000 and not more than 180 days confinement in county jail:

• DWI (72 hours minimum jail; 6 days minimum with open container)
• Possession of Marijuana (less than 2 oz.)
• Theft over $100 but less than $750
• Theft by check (over $20 but less than $500)
• Criminal mischief over $100 but less than $750 (vandalism)
• Violation of a protective order
• Indecent exposure
• Racing on a public road
• Prostitution
• Disorderly Conduct with Firearms (display or discharge)

Class A Misdemeanors:  Fine not to exceed $4,000 and not more than 180 days confinement in county jail:

• DWI (2^nd offense) (minimum 72-hours jail)
• DWI over 0.15 BAC
• Possession of marijuana (between 2 oz. and 4 oz.)
• Possession of dangerous drugs (usually the possession of legal drugs without a valid prescription)
• Assault causing bodily injury
• Theft between $750 and $2,500 (whether by check or otherwise)
• Criminal mischief over $750 but less than $2,500
• Evading on foot

State Jail Felonies:  Fine not to exceed $10,000 and confinement in state jail institution for no less than 180 days and no more than 2 years.

• Possession of controlled substance less than 1 gram (typically methamphetamine, cocaine or heroin)
• Credit card abuse (using another person’s credit card without authorization)
• Third theft conviction of any amount
• Theft between $2,500 and $30,000
• Forgery
• DWI with a minor under the age of 15 in the vehicle
• Evading with a vehicle
• Car Theft (Unauthorized Use of a Motor Vehicle)

Third Degree Felonies:  Fine not to exceed $10,000 and confinement in Texas Department of Corrections for no less than 2 years and no more than 10 years.

• Possession of controlled substance between 1 and 4 grams;
• Aggravated assault
• Assault causing bodily injury (enhanced from prior finding of family violence)
• Burglary of a building
• Theft between $30,000 and $150,000
• DWI (3^rd offense)
• Indecency with a child (by exposure)
• Solicitation of a minor

Second Degree Felonies: Fine not to exceed $10,000 and confinement in Texas Department of Corrections for no less than 2 years and no more than 20 years:

• Possession of a controlled substance over 4 grams but less than 200 grams
• Burglary of a habitation
• Aggravated assault with a deadly weapon
• Theft between $150,000 and $300,000
• Indecency with a child (by contact)
• Injury to a child
• Sexual Assault of a Child (Under 17 but not 14)
• Sexual Assault
• Attempted murder
• Intoxicated manslaughter

First Degree Felony:  Fine not to exceed $10,000 and confinement in Texas Department of Corrections for no less than 5 years and no more than 99 years.

• Murder
• Possession of a controlled substance over 200 grams
• Possession of a controlled substance between 4 and 200 grams with intent to distribute
• Arson
• Theft over $300,000
• Aggravated Sexual Assault of a Child
• Aggravated Sexual Assault of a Child under 6 (25 – Life w/o Parole)
• Continuous Sexual Abuse of a Child or Young Children (25 – Life w/o Parole)

It should be understood that though many of these offenses carry mandatory minimum jail sentences, virtually every offense other than Murder has provisions whereby sentence may be probated or suspended for community supervision (probation).

Other points:

There are some offenses referred to as “hybrid” offenses which mean they can straddle boundaries of punishment — but for the most part the levels remain fairly consistent.  Some offenses like Driving While Intoxicated raise the minimum punishment level but are still considered to be in that general category.

Also many offenses are subject to what are known as enhancements.  Enhancements are other surrounding factors that can enhance — or increase the base punishment level for certain offenses.  The enhancement can be for something surrounding the transaction (like possession of drugs in a drug free zone), or as is often the case because of prior criminal history.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific issue you should consult an attorney directly.