You need to understand what's at stake if you've been charged
When you hear someone say they’ve been charged with a crime, your first question might be: Is it a felony or a misdemeanor? Those two words might sound like legal jargon, but they have very real and different consequences. Whether you’re in Texas or facing charges at the federal level, knowing the difference can make a big impact on how your case plays out and what it means for your future. If you're not sure what's at stake or what to do next, it's best to speak to an experienced Austin criminal defense lawyer.
What is a misdemeanor?
A misdemeanor is generally considered a less serious offense. In Texas, misdemeanors are divided into three levels: Class A, B, and C. Class A misdemeanors are the most serious. They might include a first-time DWI or assault causing bodily injury. You could face up to a year in county jail and a $4,000 fine.
Class B misdemeanors include offenses such as criminal trespass or possession of small amounts of marijuana. The penalty can be up to 180 days in jail and a $2,000 fine. Class C misdemeanors are the lowest level. These are fine-only offenses like public intoxication or disorderly conduct, with no jail time involved.
Under federal law, a misdemeanor is any crime that carries a jail sentence of one year or less. Examples include trespassing on federal property or simple assault on federal land. Even though the consequences might seem lighter, misdemeanors can still go on your record and follow you long after the case is over.
What is a felony?
Felonies are much more serious than misdemeanors. In Texas, there are several levels that range from state jail felonies to capital felonies. These are crimes that can lead to time in a state prison, steep fines, and lifelong consequences. In Texas, felonies include:
- Capital felony: This is the most severe, including crimes such as capital murder. Punishment can be life in prison or even the death penalty.
- First-degree felony: These carry 5 to 99 years or life in prison. Crimes include aggravated robbery or sexual assault of a child.
- Second-degree felony: These come with 2 to 20 years in prison. Examples include aggravated assault or arson.
- Third-degree felony: Punishable by 2 to 10 years. Think of offenses like DWI with a child passenger.
- State jail felony: These carry 180 days to 2 years in a state jail facility and are usually for lower-level property or drug offenses.
At the federal level, a felony is any crime that carries a sentence of more than one year. Common examples include drug trafficking, bank fraud, and illegal firearm possession.
How are felonies and misdemeanors different?
The biggest difference is the severity of the offense and the punishment involved. Felonies usually involve more serious harm to people, property, or society at large. Misdemeanors are typically for offenses that are disruptive, irresponsible, or even non-violent.
Another big difference is how the cases are handled. Felony cases often require a grand jury indictment in both Texas and federal courts. They can take longer to resolve, involve more court appearances, and come with higher stakes. Misdemeanors, on the other hand, are usually handled more quickly and don’t require a grand jury. When it comes to sentencing, misdemeanors usually mean county jail or probation. Felonies often result in time in state or federal prison, longer probation, and more serious consequences after you’ve served your time.
Both felonies and misdemeanors carry long-term consequences. Even a misdemeanor can affect your job, housing, and reputation. But a felony can completely change your life. If you’re convicted of a felony, you could lose your right to vote (at least temporarily in Texas), your right to own a gun, and your ability to serve on a jury. You might also be denied professional licenses, housing opportunities, or financial aid for college.
In Texas, you might be able to seal or expunge a misdemeanor from your record. That’s harder with felonies, and often impossible without a pardon. On the federal level, the consequences can be even tougher, especially if you’re dealing with repeat offenses or mandatory sentencing guidelines.
Can a misdemeanor turn into a felony?
A misdemeanor can turn into a felony, and it happens more often than you’d think. In Texas, if you commit the same misdemeanor multiple times, it can be bumped up to a felony. For example, a third DWI or theft charge (even for something minor) could land you in felony territory.
Other times, the way the crime is committed makes it more serious. Using a weapon, causing injury, or targeting a vulnerable person can turn a misdemeanor assault into a felony assault. On the federal side, committing a crime across state lines or on government property can elevate charges, too.
What should I do if I'm charged with a crime in Texas?
The first and most important step is simple: don’t go it alone. Whether you’re charged with a misdemeanor or a felony, your rights, your freedom, and your future are on the line. Also, stay calm. Don’t talk to police or investigators without a criminal defense lawyer who knows Texas law. What you say can and will be used against you.
The attorneys at Botsford & Roark know what’s at stake, and we don’t wait to take action. Our Austin-based defense team uses experience, strategy, and courtroom tenacity to challenge every accusation and protect your name. From the moment you contact us, you’ll have a trusted advocate by your side. We don’t believe in cookie-cutter defenses. We dig deep into the facts, examine the evidence from every angle, and craft a legal strategy tailored to your exact circumstances. Whether it’s a complex white collar case or a high-stakes assault charge, we know how to win.
Every moment counts when your freedom is on the line. Don’t wait for prosecutors to build their case against you. Put Botsford & Roark to work for you now. Contact us today for a free consultation. We're available 24/7 to offer clear answers, a realistic plan, and a defense ready from day one.
“I have known David Botsford for many years. He is a leader in the criminal defense bar, widely recognized by fellow attorneys as one of the best around. I endorse him wholeheartedly.” — EPJ, peer review, ⭐⭐⭐⭐⭐