Felony vs. Misdemeanor: What You Need to Know

In Texas, every criminal charge — from a minor traffic offense to a serious violent crime — falls under one of two broad categories: misdemeanor or felony. The difference between the two can mean the difference between a fine and years in prison.

At The Santos Law Firm, PLLC, we believe that understanding the legal landscape is the first step toward building an effective defense. Whether you’re facing a DWI, assault, theft, or another charge, knowing what you’re up against empowers you to make informed decisions about your case.

Misdemeanors: Serious, but Often Defensible

Misdemeanors are considered less severe than felonies, but that doesn’t mean they are minor. A misdemeanor conviction can still carry jail time, fines, and long-term consequences for your employment, reputation, and future.

Texas divides misdemeanors into three classes:

• Class C Misdemeanor: The least severe category, typically punishable by a fine of up to $500 and no jail time. Examples include minor traffic violations or disorderly conduct.
• Class B Misdemeanor: Punishable by up to 180 days in county jail and fines up to $2,000. Common examples include first-time DWI, possession of small amounts of marijuana, or criminal trespass.
• Class A Misdemeanor: The most serious misdemeanor, carrying up to one year in county jail and fines up to $4,000. Charges can include assault causing bodily injury or second DWI offenses.

While misdemeanors may not seem as intimidating as felonies, a conviction still creates a criminal record — something that can follow you for life. That’s why early legal intervention is critical.

Felonies: High Stakes, Life-Changing Consequences

Felonies are the most serious criminal offenses under Texas law. They involve longer sentences, larger fines, and far-reaching personal consequences, including the loss of certain civil rights (like voting or firearm ownership).

Felonies are divided into several levels:

• State Jail Felony: 180 days to 2 years in a state jail facility, fines up to $10,000. Examples include credit card abuse and certain drug possession charges.
• Third-Degree Felony: 2 to 10 years in prison, fines up to $10,000. Examples include intoxication assault or possession of a controlled substance in larger quantities.
• Second-Degree Felony: 2 to 20 years in prison, fines up to $10,000. Examples include aggravated assault or burglary of a habitation.
• First-Degree Felony: 5 to 99 years or life in prison, fines up to $10,000. Examples include aggravated robbery or sexual assault.
• Capital Felony: The most severe classification, carrying life imprisonment without parole or the death penalty.

The higher the degree, the greater the burden — but also the greater the opportunity for a skilled defense attorney to intervene, suppress evidence, or negotiate for lesser charges.

Collateral Consequences of Criminal Convictions

Beyond the immediate penalties, both misdemeanors and felonies can have long-term effects that extend far beyond the courtroom:

• Difficulty finding employment or housing
• Revocation or suspension of professional licenses
• Immigration consequences, including deportation or denial of citizenship
• Loss of voting rights and firearm ownership (for felonies)
• Strain on family relationships and community standing

At The Santos Law Firm, we understand these consequences aren’t just legal — they’re deeply personal. That’s why we approach every case with the goal of protecting your record and your future.

Building a Strong Defense

The line between a misdemeanor and a felony isn’t always fixed. In some cases, the right legal strategy can result in reduced charges, diversion programs, or even dismissal. Common defense strategies include:

• Challenging the State’s evidence: We analyze every document, video, and testimony for inconsistencies.
• Constitutional challenges: Unlawful searches, coerced confessions, or rights violations can invalidate evidence.
• Negotiating alternative resolutions: For eligible clients, deferred adjudication or pretrial diversion programs may prevent a conviction.
• Humanizing the client: Judges and juries respond to narratives that present clients as individuals — not case numbers.

At The Santos Law Firm, we take pride in outworking the opposition — studying every angle, dissecting procedure, and crafting tailored strategies that protect what matters most to you.

For Attorneys: Strategic Considerations

For fellow defense attorneys, understanding charge classifications is vital for advising clients and structuring plea negotiations. Misdemeanors may invite opportunities for diversion, while felony cases demand early motions to suppress, expert consultation, and mitigation strategies.

The difference between county and state jurisdiction, sentencing guidelines, and enhancement factors can all significantly influence case outcomes. Collaborating with firms experienced in both felony and misdemeanor litigation — such as The Santos Law Firm — can strengthen the defense posture and ensure no opportunity is overlooked.

The Importance of Early Representation

Time is your ally in any criminal case. The earlier you engage a defense attorney, the greater the ability to challenge evidence, preserve witness statements, and build a proactive defense. Waiting too long can limit options and allow the State to shape the narrative unchallenged.

Whether you’re facing a misdemeanor DWI or a serious felony accusation, acting quickly can make the difference between a conviction and a clean record.

Protecting Rights, Restoring Lives

At The Santos Law Firm, PLLC, our mission is to provide aggressive, strategic representation for every client — from those facing first-time misdemeanors to those confronting life-altering felony charges.

We believe in fairness, preparation, and advocacy grounded in respect for your rights and your humanity. You deserve a defense that fights as hard for you as the State fights against you.