Understanding a Class C misdemeanor in Texas
A Class C misdemeanor is the lowest level of criminal offense recognized under Texas law, sitting one step below a Class B misdemeanor in the offense hierarchy. The classification and its punishment are governed by Texas Penal Code §12.23. Unlike more serious misdemeanors and felonies, which are tried in county and district courts, Class C cases are handled in justice courts and municipal courts — the same courts that process most traffic citations.
The punishment for a Class C misdemeanor is a fine not to exceed $500, and Texas law authorizes no jail confinement as the punishment for this level of offense. Even so, a Class C is still a criminal charge, not a civil infraction, and it can appear on a person’s record if it results in a conviction. The sections below explain the punishment range, common examples, and the practical nuances that make these “minor” charges worth taking seriously.
Punishment range and Class C offense examples
Under Texas Penal Code §12.23, a Class C misdemeanor is punishable by a fine not to exceed $500. There is no term of jail confinement authorized as the punishment for a Class C offense — it is the only criminal classification in Texas that carries no possible jail sentence as its penalty.
| Factor | Detail |
|---|---|
| Maximum fine | $500 |
| Jail as punishment | None |
| Court | Justice court or municipal court |
| Deferred disposition | Available (article 45A.301) |
Common Class C offenses include public intoxication under Penal Code §49.02, disorderly conduct under Penal Code §42.01, assault by physical contact or by threat with no bodily injury under Penal Code §22.01(a)(2) and (a)(3), theft of property valued at less than $100 under Penal Code §31.03(e)(1), gambling under Penal Code §47.02, possession of drug paraphernalia under Health & Safety Code §481.125, and most traffic offenses charged under the Transportation Code.
The key nuance is that “fine-only” does not mean “no consequences.” Although a Class C carries no jail sentence as punishment, a person can still be arrested for certain Class C offenses, such as public intoxication or disorderly conduct. And if a court-ordered fine goes unpaid, the court may issue a capias pro fine that can result in confinement to satisfy the fine — that confinement is for nonpayment, not the offense itself. On the other side, a justice or municipal court may grant deferred disposition under Texas Code of Criminal Procedure article 45A.301; on successful completion the charge is dismissed, which can make the record eligible for expunction, depending on the specific facts and outcome. Class C offenses are generally not subject to the Penal Code §12.43 repeat-misdemeanor enhancement that applies to Class A and B offenses, though some specific offenses carry their own offense-level escalation — for example, theft of property under $100 with a prior theft conviction is elevated to a Class B misdemeanor under Penal Code §31.03. Because outcomes depend on the specific facts, it is wise to consult a licensed Texas criminal defense attorney before resolving any charge.
How a Class C misdemeanor case moves through the courts
A Class C misdemeanor charge follows the same Texas criminal process every case does — arrest and magistration, bond, the State’s charging decision, discovery and pretrial motions, then a negotiated resolution or trial. Our step-by-step Texas criminal case process guide walks through all ten stages, and our criminal defense overview explains the constitutional and statutory strategies that apply at each one.