[AUTHOR’S NOTE:  Having practiced criminal law in Texas, primarily in Houston, for many years, I have spent countless hours explaining various aspects of the law to clients, prospective clients and people who are simply curious about the law.  Whenever I do so, I exercise great caution to stress that a quick explanation, or even a lengthy explanation, can never fully account for all of the complexities that are sure to arising in handling any specific case.  All criminal cases, from seemingly the most minor to obviously the most complex, should be handled by a properly trained and experienced criminal defense attorney. These articles, and all of the material contained in this website, are only intended to provide a general overview of the topics discussed.  And while they may contain some very useful information to the reader, theses articles must not be viewed as a substitute for specific legal advice.  Unless otherwise stated, all comments refer to Texas law. Always choose your defense attorney carefully.]QUESTION:  What is the difference between a misdemeanor and a felony?Under the Texas Penal Code misdemeanors and felonies are the two general classes of crimes.  These classifications are based on the kinds of punishment that may be imposed on a person who is found guilty.  Most misdemeanors may be punished by a fine, or by confinement in the county jail, or bu both.  Most felonies may be punished by confinement in a State penitentiary, plus a fine of up to $10,000.00.  Capital felonies may be punished by life in a State penitentiary, or by death.  Misdemeanors are handled by county courts.  Felonies are handled by State District courts.From the least to the most severe levels of punishment, crimes in Texas are generally classified as:

• Class “C” Misdemeanor —  (Fine only, not to more than $500.00.  Usually handled in municipal or JP courts);
• Class “B” Misdemeanor —  (Confinement in county jail not more than 180 days, plus a possible fine not more than $2,000.00);
• Class “A” Misdemeanor — (Confinement in county jail not more than one (1) year, plus a possible fine not more than $4,000.00);
•   State Jail Felony — (Confinement in a state jail facility ranging from 180 days to 2 years, plus a possible fine not more than $10,000.00);?
• Third Degree Felony — (Confinement in a penitentiary facility ranging from 2 years to 10 years, plus a possible fine not more than $10,000.00);?
• Second Degree Felony — (Confinement in a penitentiary facility ranging from 2 to 20 years, plus a possible fine not more than $10,000.00;?
• First Degree Felony — (Confinement in a penitentiary facility ranging from 5 to 99 years, or life, plus a possible fine not more that $10,000.00); and
• Capital Felony — (Confinement in a penitentiary for life, for life without parole, or death.)

Some of these general punishment ranges may be increased (or enhanced) depending on whether a person has been has been convicted of a crime in the past.  In addition, there are other offenses that do not even appear in the Texas penal Code which may have differing ranges of possible punishment.So it is important to remember to choose your criminal defense attorney very carefully.