What Is a Misdemeanor in Texas? Class A, B, C Explained
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Table of Contents
Class A misdemeanor — Penal Code § 12.21
Class A is the most serious misdemeanor category. Punishment: up to 1 year in county jail and/or fine up to $4,000. Common Class A misdemeanors: Assault causing bodily injury (§ 22.01(a)(1)); DWI second offense (§ 49.04 + § 49.09); Theft $750-$2,500 (§ 31.03); Burglary of vehicle (§ 30.04); Resisting arrest (§ 38.03); Evading arrest by foot (§ 38.04(a)); Possession of marijuana 2-4 oz (§ 481.121); Carrying weapon without license (§ 46.02); Cruelty to non-livestock animals (§ 42.092). Class A misdemeanors typically allow probation eligibility (up to 2 years) and can be sealed via order of nondisclosure for certain offenses under Government Code § 411.0735.
Class B misdemeanor — Penal Code § 12.22
Class B is the mid-level misdemeanor category. Punishment: up to 180 days in county jail and/or fine up to $2,000. Common Class B misdemeanors: DWI first offense (§ 49.04); Possession of marijuana up to 2 oz (§ 481.121); Theft $100-$750 (§ 31.03); Criminal trespass (§ 30.05); Reckless driving (Transportation Code § 545.401); Failure to identify (giving false ID — § 38.02); Prostitution first offense (§ 43.02); Possession of dangerous drug (§ 483.041); Indecent exposure (§ 21.08). Class B misdemeanors allow probation eligibility (up to 2 years) and certain offenses are sealable via nondisclosure order.
Class C misdemeanor — Penal Code § 12.23
Class C is the lowest misdemeanor level. Punishment: fine only, up to $500 — no jail time. Common Class C misdemeanors: Most traffic violations (speeding, running stop sign, etc.); Disorderly conduct (§ 42.01); Public intoxication (§ 49.02); Theft under $100 (§ 31.03); Possession of drug paraphernalia (§ 481.125); Minor in possession of alcohol (Alcoholic Beverage Code § 106.05); Assault by contact (no bodily injury — § 22.01(a)(3)). Despite being "fine only," Class C convictions create criminal records and can affect background checks, employment, and immigration status. Class C cases are typically heard in justice court or municipal court rather than county court.
Misdemeanor vs. felony — key differences
Texas distinguishes misdemeanors from felonies based on punishment range. Misdemeanors: up to 1 year county jail. Felonies: 180 days+ in state jail (state-jail felony) or 2 years+ in TDCJ (third-degree and above). The Texas felony classes: state-jail felony (180 days-2 years), third-degree (2-10 years), second-degree (2-20 years), first-degree (5-99 years or life), and capital felony (death or life without parole). Felonies have more severe collateral consequences: loss of voting rights during incarceration, firearm restrictions, immigration impacts, professional licensing impacts. Misdemeanors generally have lighter collateral consequences but still create criminal records.
Sealing misdemeanors — order of nondisclosure
Many Texas misdemeanor convictions can be sealed via order of nondisclosure under Government Code § 411.0735 — removing them from public background checks. Eligibility requirements: (1) successful completion of deferred adjudication or straight probation in some cases; (2) waiting period after discharge (varies by offense, typically 0-5 years); (3) no other convictions during waiting period; (4) offense is not statutorily excluded (DWI, family violence, sex offenses are excluded). Once sealed, the conviction does not appear on commercial background checks, but remains accessible to law enforcement and certain regulatory agencies. Some misdemeanors are also eligible for full expunction under CCP Chapter 55 if the case was dismissed, acquittal, or otherwise resolved without conviction.
Texas misdemeanor classes — A, B, and C
| Misdemeanor class | Punishment | Notes |
|---|---|---|
| Class A (§ 12.21) | Up to 1 year county jail and/or up to $4,000 fine | Most serious class; probation up to 2 years; some offenses sealable by nondisclosure |
| Class B (§ 12.22) | Up to 180 days county jail and/or up to $2,000 fine | Mid-level; probation up to 2 years; some offenses sealable |
| Class C (§ 12.23) | Fine only, up to $500 (no jail) | Heard in justice or municipal court; still creates a record |
| Texas misdemeanors fall below the felony level (which begins at the state jail felony — 180 days to 2 years). Many Class A and B misdemeanors can be sealed by order of nondisclosure (Government Code § 411.0735). Sources: Texas Penal Code § 12.21, § 12.22, § 12.23. | ||
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Frequently Asked Questions
What's the maximum penalty for a misdemeanor in Texas?
Class A: up to 1 year county jail + up to $4,000 fine (Penal Code § 12.21). Class B: up to 180 days jail + up to $2,000 fine (§ 12.22). Class C: fine only, up to $500 — no jail (§ 12.23).
Is DWI a misdemeanor or felony in Texas?
First DWI: Class B misdemeanor. Second DWI: Class A misdemeanor. Third DWI: third-degree felony. DWI with child passenger: state-jail felony. DWI causing serious bodily injury (intoxication assault): third-degree felony. DWI causing death (intoxication manslaughter): second-degree felony.
Can a Texas misdemeanor be sealed?
Yes for many Class A and B misdemeanors via order of nondisclosure under Government Code § 411.0735. Excluded offenses: DWI, family violence, sex offenses, certain drug offenses. Requires successful completion of deferred adjudication or probation, waiting period, and no other convictions.
Where are Texas misdemeanor cases heard?
Class A and B misdemeanors: county court at law or county court. Class C misdemeanors: justice court or municipal court (most traffic and city ordinance violations). Felony cases: district court.
Can a misdemeanor affect my immigration status?
Yes — certain misdemeanors are "crimes involving moral turpitude" (theft, fraud, assault with intent) that can trigger removal proceedings under federal immigration law (8 U.S.C. § 1227). Drug offenses, family violence, and weapons offenses also have specific immigration consequences. Consult an immigration attorney before resolving any misdemeanor if you are not a U.S. citizen.
