Texas Felony Degrees and Misdemeanor Classes: Sentences (2026)

Texas defines a felony as an offense "so designated by law or punishable by death or confinement in a penitentiary" (Texas Penal Code 1.07(a)(23)) and a misdemeanor as an offense punishable by a fine, jail confinement, or both (1.07(a)(31)). Penal Code 12.03 and 12.04 then sort crimes into five felony categories (capital, first, second and third degree, and state jail felonies) and three misdemeanor classes (A, B and C), each with its own punishment range in Penal Code Chapter 12. For how other states draw the line, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Texas classification and punishment provisions in Penal Code 1.07 and Chapter 12 and the community supervision (probation) provisions in Code of Criminal Procedure Chapter 42A. It does not cover how individual offenses are graded (see the Texas theft laws and Texas assault laws pages for two examples), time limits for filing charges (see the Texas statute of limitations), record clearing, parole, federal offenses (the state-by-state hub covers the federal classes), or city ordinances.

Felony vs misdemeanor in Texas

Texas Penal Code 12.02 is one sentence long: "Offenses are designated as felonies or misdemeanors." The definitions in Penal Code 1.07 supply the dividing line.

"Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. (Texas Penal Code 1.07(a)(23))

"Misdemeanor" means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. (Texas Penal Code 1.07(a)(31))

The definitions turn on the kind of punishment rather than a fixed number of months. The felony degrees in Chapter 12 are punished by imprisonment in the Texas Department of Criminal Justice or, for the lowest felony category, confinement in a state jail. Misdemeanors are punished by a fine, confinement in jail, or both, and the most serious misdemeanor class tops out at one year in jail.

Texas felony and misdemeanor classes at a glance

Penal Code 12.04(a) classifies felonies "according to the relative seriousness of the offense into five categories," and 12.03(a) classifies misdemeanors into three. The punishment for each category is set in Penal Code 12.21 to 12.23 (misdemeanors) and 12.31 to 12.35 (felonies).

These are the ranges for the class itself; Penal Code 12.42, 12.425 and 12.43 set higher ranges for some repeat convictions, described below. The deadly-weapon rule for state jail felonies (12.35(c)) and, for some offenses, findings such as bias or prejudice (12.47), use of a controlled substance (12.49), commission in a disaster or evacuated area (12.50) or use of metal or body armor (12.503) can also move an offense into a higher category, so the table is the starting point, not the whole story for any one case.

The felony fine is always optional and additional. Penal Code 12.32(b), 12.33(b) and 12.34(b) each say that "in addition to imprisonment," a person convicted "may be punished by a fine not to exceed $10,000." Penal Code 12.35(b) says the same for a state jail felony, "in addition to confinement."

Capital felonies sit at the top. Under Penal Code 12.31(a), where the state seeks the death penalty, the punishment is "life without parole or by death." Where the state does not seek death, the punishment is life for an individual who committed the offense when younger than 18, and life without parole for an individual who was 18 or older. Our page on how long a life sentence lasts in Texas covers what those terms mean in practice.

State jail felonies: the lowest felony category

The state jail felony is the category most people have not heard of. Penal Code 12.35(a) sets confinement "in a state jail for any term of not more than two years or less than 180 days," rather than the imprisonment in the Texas Department of Criminal Justice that Penal Code 12.32 to 12.34 set for the higher degrees.

A state jail felony does not always stay at that level. Under Penal Code 12.35(c), an individual "shall be punished for a third degree felony" if it is shown at trial that a deadly weapon was used or exhibited during the offense or the immediate flight from it (and the individual used or exhibited it, or was a party and knew it would be used or exhibited), or that the individual has a prior final felony conviction under Section 21.02 or 21.03, an offense listed in Code of Criminal Procedure art. 42A.054(a), or one with an affirmative finding under art. 42A.054(c) or (d).

Penal Code 12.04(b) also makes the state jail felony the default: "An offense designated a felony in this code without specification as to category is a state jail felony."

How the actual sentence is set

The Chapter 12 class sections set a minimum and a maximum for each category, not a grid. A first degree felony, for example, carries "any term of not more than 99 years or less than 5 years" or life (Penal Code 12.32(a)). The sentence is chosen within the range the class section sets, and the class range (or the enhanced range, where an enhancement applies) is the outer limit, not a typical sentence.

Prior convictions can move a felony up a level or set a higher range. The main rules in Penal Code 12.42 and 12.425 are:

• A third degree felony is punished as a second degree felony if the defendant "has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a)" (12.42(a), subject to the exception in 12.42(c)(2)).
• A second degree felony is punished as a first degree felony on the same kind of prior conviction (12.42(b), subject to the exceptions in 12.42(c)(2) and (c)(4)).
• A first degree felony with such a prior is punished by life, or by "any term of not more than 99 years or less than 15 years" (12.42(c)(1)).
• A felony other than a state jail felony punished under 12.35(a), where the defendant has two prior felony convictions and the second prior offense occurred after the first conviction became final, is punished by life or "any term of not more than 99 years or less than 25 years" (12.42(d)). A prior state jail felony punished under 12.35(a) does not count toward this rule. The same range applies if the defendant was civilly committed as a sexually violent predator at the time of the offense (12.42(e)).
• Some repeat sex offenses carry mandatory life imprisonment (12.42(c)(2)); certain repeat aggravated sexual assaults are punished as capital felonies (12.42(c)(3)); and a defendant who commits continuous trafficking of persons or a sexually violent offense at 18 or older, with a prior conviction for either, is punished by life without parole (12.42(c)(4)).
• For a state jail felony punished under 12.35(a), two prior state jail felony convictions raise the punishment to third degree, and two prior felony convictions other than state jail felonies, the second for an offense committed after the first became final, raise it to second degree (12.425(a), (b)). A state jail felony enhanced under 12.35(c) is punished as second degree if the defendant has a prior felony conviction other than a 12.35(a) state jail felony (12.425(c)).

Repeat misdemeanors carry minimum jail terms. Under Penal Code 12.43(a), a Class A misdemeanor with a prior Class A misdemeanor or felony conviction carries jail of "not more than one year or less than 90 days," a fine up to $4,000, or both. Under 12.43(b), a Class B misdemeanor with a prior Class A or B misdemeanor or felony conviction carries jail of "not more than 180 days or less than 30 days," a fine up to $2,000, or both. Under 12.43(c), a Class C disorderly conduct (42.01) or public intoxication (49.02) offense carries a fine up to $2,000, jail up to 180 days, or both, when the defendant has three prior convictions under those sections, each for an offense committed in the 24 months before the new one. Where an offense has its own repeat-offender enhancement, that provision controls over 12.43 (12.43(d)).

Offenses without a stated class

Two default rules in the Penal Code fill gaps. An offense designated a misdemeanor in the Penal Code "without specification as to punishment or category is a Class C misdemeanor" (12.03(b)), and an offense designated a felony in the Penal Code without a category is a state jail felony (12.04(b)).

Convictions under other Texas codes have their own classification rule for enhancement purposes. Penal Code 12.41 says that "for purposes of this subchapter" (the enhancement subchapter), a conviction not obtained from a prosecution under the Penal Code is classified as:

• a "felony of the third degree" if imprisonment in the Texas Department of Criminal Justice or another penitentiary is affixed to the offense as a possible punishment;
• a "Class B misdemeanor" if the offense is not a felony and confinement in a jail is affixed to the offense as a possible punishment;
• a "Class C misdemeanor" if the offense is punishable by fine only.

That rule governs how such a conviction counts when the enhancement sections are applied. The offense itself is punished as the statute that creates it provides.

Can a felony be reduced to a misdemeanor in Texas?

Texas has a reduction mechanism only for state jail felonies. Penal Code 12.44 provides:

(a) A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice. (b) At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.

Both routes are discretionary. Subsection (a) depends on the court's findings, and subsection (b) begins with a request from the prosecuting attorney. Penal Code 12.44 applies to state jail felonies only; it does not reach first, second or third degree felonies.

Is a Class C misdemeanor a crime? (Texas has no infraction tier)

Yes. The Penal Code classification has no infraction, violation or petty offense tier. Penal Code 12.02 designates offenses as "felonies or misdemeanors," and 12.03(a) lists three misdemeanor classes, of which Class C is the lowest.

A Class C misdemeanor is ordinarily punished only by "a fine not to exceed $500" (Penal Code 12.23), with no jail term. The exception is the repeat-offender rule in 12.43(c) for disorderly conduct and public intoxication, described above, which allows up to 180 days in jail. Penal Code 12.03(c) adds that "Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage." It is still a criminal conviction for a misdemeanor offense.

Probation (community supervision) in Texas

Texas calls probation community supervision. Code of Criminal Procedure art. 42A.053 governs judge-ordered community supervision, and its limits are:

• Who is excluded under this article: a defendant sentenced to "a term of imprisonment that exceeds 10 years" or to "a term of confinement under Section 12.35, Penal Code" is not eligible for community supervision under art. 42A.053 (42A.053(c)).
• Listed offenses and deadly-weapon findings: art. 42A.053 does not apply to a defendant adjudged guilty of an offense listed in art. 42A.054(a), including murder, capital murder, aggravated kidnapping, trafficking of persons, continuous sexual abuse, indecency with a child, sexual assault, aggravated sexual assault, aggravated robbery and stalking. It also does not apply when a deadly weapon was used or exhibited during a felony or the immediate flight from it and the defendant used or exhibited it or was a party who knew it would be (42A.054(b)).
• State jail felonies: community supervision for a state jail felony runs under a separate subchapter. The period is 2 to 5 years, and the judge may extend the maximum to not more than 10 years (art. 42A.553(a)). For certain state jail drug possession offenses, the judge must suspend the sentence and place the defendant on community supervision unless the defendant has a disqualifying prior felony conviction or another exception in art. 42A.551(b) or (c) applies (art. 42A.551(a)).
• Felony minimum: "the same as the minimum term of imprisonment applicable to the offense" (42A.053(d)(1)), with a five-year minimum for a felony described by art. 42A.453(b) (42A.053(e)).
• Felony maximum: 10 years, except 5 years for a third degree felony under Penal Code Title 7 or under Health and Safety Code Chapter 481 (42A.053(d)(2)).
• Misdemeanor maximum: "two years" (42A.053(f)).
• Extensions: a judge may extend the maximum period "in the manner provided by Article 42A.753 or 42A.757" (42A.053(g)).

Deferred adjudication is a separate form of community supervision with its own limits. Under art. 42A.103, the period in a felony case "may not exceed 10 years" (with a five-year minimum for defendants charged with a felony under Penal Code 21.11, 22.011 or 22.021 or one described by art. 42A.453(b)), and in a misdemeanor case "may not exceed two years."

The maximums can grow. Under art. 42A.753(a), on a showing of good cause the judge may extend a period of community supervision, but in a first, second or third degree felony case the total "may not exceed 10 years," and in a misdemeanor case it may not exceed three years. Article 42A.753(b) allows up to two more years beyond that three-year limit in a misdemeanor case if the defendant has failed to pay a previously assessed fine, cost or restitution and the judge determines the extension makes full payment more likely. For a defendant on community supervision for indecency with a child, sexual assault or aggravated sexual assault, art. 42A.757 allows one further extension of up to 10 additional years, and the 10-year felony cap in 42A.753(a) does not apply to that defendant (42A.757(b), (c), (e)).

What happens after a probation violation

Article 42A.751 sets the procedure. A person arrested for an alleged violation must be brought before the judge who ordered the arrest (or, if that judge is unavailable, a magistrate of the county of arrest) "not later than 48 hours after the defendant is arrested" (42A.751(c)). If the defendant has not been released on bail, the judge must hold a hearing on the alleged violation within 20 days of a motion by the defendant (42A.751(d)).

The statute then lists the court's options: "After a hearing without a jury, the judge may continue, extend, modify, or revoke the community supervision" (42A.751(d)). Any extension is subject to the art. 42A.753 caps described above.

Recent changes

The classification sections themselves (Penal Code 12.02, 12.03 and 12.04) have not changed since the 1993 revision that took effect September 1, 1994, and the misdemeanor punishment sections (12.21 to 12.23) date from the same revision. Several 2025 acts, effective September 1, 2025, changed the provisions on this page:

• H.B. 1422 (Acts 2025, 89th Leg., R.S., Ch. 557) created the offense of continuous sexual abuse (Penal Code 21.03) and added it to the prior-conviction lists in 12.35(c) and 12.42(c)(2) and to the offenses barred from judge-ordered community supervision in Code of Criminal Procedure art. 42A.054(a). It also amended Penal Code 12.502 and art. 42A.102.
• S.B. 1610 (Ch. 1145) added 12.42(e), which punishes a felony committed by a person civilly committed as a sexually violent predator by life or 25 to 99 years.
• H.B. 108 (Ch. 539) added 12.503, which raises a second or third degree felony under Penal Code Title 5 (offenses against the person) to the next highest category when the judge or jury finds the defendant used metal or body armor during the offense (Code of Criminal Procedure art. 42.01992).
• S.B. 482 (Ch. 478) amended 12.50, and H.B. 1778 (Ch. 250) and S.B. 1021 (Ch. 793) also amended art. 42A.054.

H.B. 1422 applies only to offenses committed on or after September 1, 2025.

Related legal issues

Specific offenses are graded into these categories by their own statutes. The Texas theft laws page explains how theft offenses are graded into these classes, and the Texas assault and battery laws page does the same for assault.

For clearing a record after an arrest or charge, see Texas expungement laws. Felony and misdemeanor time limits for bringing charges are on the Texas statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• Texas theft laws
• Texas assault and battery laws
• Texas expungement laws
• How long is a life sentence in Texas
• New Mexico felony and misdemeanor classes
• Oklahoma felony and misdemeanor classes

This article provides general legal information about Texas law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Texas.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Texas?

Under Texas Penal Code 1.07, a felony is an offense so designated by law or punishable by death or confinement in a penitentiary, while a misdemeanor is an offense so designated or punishable by a fine, jail confinement, or both.

What are the felony degrees in Texas?

Penal Code 12.04 lists five categories: capital felonies, first degree (life or 5 to 99 years), second degree (2 to 20 years), third degree (2 to 10 years) and state jail felonies (180 days to 2 years in a state jail). Enhancement rules such as 12.35(c), 12.42 and 12.425 can raise the punishment level, up to life or 25 to 99 years for a habitual felony offender under 12.42(d).

What is a state jail felony in Texas?

It is the lowest felony category. Penal Code 12.35 sets confinement in a state jail for 180 days to 2 years and a fine up to $10,000, but a state jail felony is punished as a third degree felony when a deadly weapon finding or a listed prior conviction under 12.35(c) is shown. Under 12.425, two prior state jail felony convictions raise it to third degree punishment, and two prior sequential felonies other than state jail felonies raise it to second degree.

What is a Class A misdemeanor in Texas?

It is the highest misdemeanor class. Penal Code 12.21 authorizes a fine up to $4,000, jail for up to one year, or both; under 12.43(a), a prior Class A misdemeanor or felony conviction sets a 90-day jail minimum.

Is a Class C misdemeanor a crime in Texas?

Yes. Penal Code 12.03 lists Class C as one of the three misdemeanor classes. It is ordinarily punished by a fine up to $500 with no jail term under 12.23 (12.43(c) allows up to 180 days in jail for some repeat disorderly conduct and public intoxication offenses), and the conviction does not impose any legal disability or disadvantage under 12.03(c).

Does Texas have wobblers?

Only for state jail felonies. Penal Code 12.44 lets a court impose Class A misdemeanor confinement for a state jail felony, or authorize the prosecutor to prosecute it as a Class A misdemeanor.

How long is probation in Texas?

Under Code of Criminal Procedure art. 42A.053, judge-ordered community supervision may last up to 10 years for most felonies, 5 years for third degree felonies under Penal Code Title 7 or Health and Safety Code ch. 481, and 2 years for misdemeanors. State jail felony supervision runs 2 to 5 years under art. 42A.553. Art. 42A.054 rules out judge-ordered supervision for listed offenses such as murder, sexual assault and aggravated robbery and when a deadly-weapon finding is made. A judge may extend the period as art. 42A.553, 42A.753 and 42A.757 allow.

What happens if you violate probation in Texas?

Under Code of Criminal Procedure art. 42A.751, the person may be arrested on a warrant and brought before a judge, and after a hearing without a jury the judge may continue, extend, modify, or revoke the community supervision.