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Misdemeanor crimes in texas

What you need to know

Misdemeanor Crimes in Texas

Misdemeanor crimes in Texas are those which are considered less serious offenses than felonies, and do not result in imprisonment in a state penitentiary. Depending on the severity of the charge (Class A, B, or C), an individual may be sentenced to a term in a county jail, but not prison.

Classes of Misdemeanors in Texas & Punishments

There are 3 classifications of misdemeanor crimes in Texas, and the punishments for each vary depending on the severity of the crime (C being the least severe, and A being the most severe).

Class A Misdemeanor

  • Up to one year in jail; $4000 fine

  • Examples: Burglary; theft of property valued at $500 or more, but less than $1,500; theft of cable service; stalking without bodily injury

Class B Misdemeanor

  • Up to 180 days in jail; $2,000 fine

  • Examples: Theft of property valued at $20 or more, but less than $500; driving while intoxicated; possession of up to 4 ounces of marijuana; making terroristic threats

Class C Misdemeanor

  • Up to a $500 fine

  • Examples: Theft of property valued at less than $20; assault without bodily injury; producing or selling term papers or reports for use by others; attending a dog fight

- The Texas Politics Project

Special Provisions |

Tex. Penal Code Ann. § 12

The Texas Penal Code has provisions for the punishment of misdemeanor crimes in specific circumstances.

Repeat Offenses (Tex. Penal Code Ann. § 12.43)

  • Those who are found guilty of a Class A misdemeanor crime in Texas, and who have a prior Class A misdemeanor or felony conviction, must serve a minimum of 90 days in jail for the offense.

  • Those who are found guilty of a Class B misdemeanor crime in Texas, and who have a prior Class A misdemeanor, Class B misdemeanor, or any felony conviction, must serve a minimum of 90 days in jail for the offense.

  • Those who are found guilty of a Class C misdemeanor crime in Texas, and who have had three or more prior offenses of the same charge, or a combination of three Class C misdemeanor offense, may be sentenced to up to 180 days in jail, and may be issued a fine up to $2,000

Hate Crimes (Tex. Penal Code Ann. § 12.47)

  • If an individual commits a Class B or Class C misdemeanor, and the offense is found to have been committed due to a racial prejudice or bias, the punishment is increased to the next highest level of severity (Class C is treated as a Class B is treated as a Class A). For Class A Misdemeanors, a mandatory minimum sentence of 180 days in jail is imposed.

Use of Controlled Substances While Committing a Crime (Tex. Penal Code Ann. § 12.49)

  • If an individual commits a Class B or Class C misdemeanor, and the offense is found to have been committed while under the influence of a controlled substance, the punishment is increased to the next highest level of severity (Class C is treated as a Class B is treated as a Class A). For Class A Misdemeanors, a mandatory minimum sentence of 180 days in jail is imposed.

The full online archive of the Texas Constitution and Statutes is available through https://statutes.capitol.texas.gov/