Charges and sentences

Felony and misdemeanor classes in Texas

Texas grades felonies by degree (capital, first, second and third degree, plus state jail felonies) and misdemeanors as Class A, B or C. Class C misdemeanors are fine-only.1

Checked October 29, 2026 against Texas's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony
In Texas, a felony is an offense the law labels a felony, or one that can be punished by death or confinement in a penitentiary. State jail felonies are felonies because the law labels them that way.1
Felony theft starts at
$2,500How theft is graded
When a DWI is a felony
A third DWI conviction is a third-degree felony. So is a DWI after one earlier intoxication manslaughter conviction.2

Felony degrees in Texas

From most to least serious: Capital, First-degree, Second-degree, Third-degree, State jail. The sentence is the range the law allows; the judge picks within it.

Felony degrees in Texas, with prison ranges and fines
ClassPrisonFineThe law
Capital felonyDeath or life without paroleIf the state does not seek the death penalty, the sentence is life without parole for people 18 or older at the time of the offense, and life for people younger than 18.None setTex. Penal Code § 12.313
First-degree felony5 to 99 years, or lifeUp to $10,000Tex. Penal Code § 12.323
Second-degree felony2 to 20 yearsUp to $10,000Tex. Penal Code § 12.333
Third-degree felony2 to 10 yearsUp to $10,000Tex. Penal Code § 12.343
State jail felony180 days to 2 years in a state jailThe fine can be added to the state jail term. In some cases a state jail felony is punished as a third-degree felony.Up to $10,000Tex. Penal Code § 12.353

Misdemeanor classes in Texas

Misdemeanor classes in Texas, with jail ranges and fines
ClassJailFineThe law
Class A misdemeanorUp to 1 yearThe court can order the fine, the jail term, or both.Up to $4,000Tex. Penal Code § 12.213
Class B misdemeanorUp to 180 daysThe court can order the fine, the jail term, or both.Up to $2,000Tex. Penal Code § 12.223
Class C misdemeanorNo jailUp to $500Tex. Penal Code § 12.233

Good to know

A state jail felony is punished by time in a state jail, not a prison. Under section 12.35(c), it is punished as a third-degree felony in certain cases, such as when a deadly weapon was used or the person has certain earlier serious felony convictions.3

Capital felony sentences depend on age and on whether the state seeks death. People younger than 18 at the time of the offense get life, and people 18 or older get life without parole or death.3

Felony fines of up to $10,000 can be added to prison or state jail time. Misdemeanor fines are up to $4,000 for Class A, $2,000 for Class B and $500 for Class C. The statute sets no fine for capital felonies.3

When theft is a felony in Texas

Theft of property worth $2,500 or more is a felony. It is a state jail felony from $2,500 to under $30,000, a third-degree felony from $30,000 to under $150,000, a second-degree felony from $150,000 to under $300,000 and a first-degree felony at $300,000 or more. Below $2,500 it is a misdemeanor. Some thefts under $2,500, such as theft of a firearm or theft by someone with two or more earlier theft convictions, are also state jail felonies.4

Tex. Penal Code § 31.03(e) · Felony theft amounts in every state

DWI in Texas

Texas calls it driving while intoxicated (DWI).

Repeat offenses
A third DWI conviction is a third-degree felony. So is a DWI after one earlier intoxication manslaughter conviction.
Which past offenses count
No time limit. Any two earlier DWI-type convictions count, whenever they happened.
Other felony versions
Intoxication assault is a third-degree felony and intoxication manslaughter is a second-degree felony. DWI with a passenger younger than 15 is a state jail felony. For offenses on or after Sept. 1, 2025, DWI in a school crossing zone while the reduced speed limit applies is also a state jail felony.

Tex. Penal Code §§ 49.04, 49.045, 49.07, 49.08, 49.092 · Felony DUI rules in every state

After a conviction

Common questions

What is a felony in Texas?

In Texas, a felony is an offense the law labels a felony, or one that can be punished by death or confinement in a penitentiary. State jail felonies are felonies because the law labels them that way.

What is a capital felony in Texas?

In Texas, the prison range for a capital felony is death or life without parole. If the state does not seek the death penalty, the sentence is life without parole for people 18 or older at the time of the offense, and life for people younger than 18.

What is a first-degree felony in Texas?

In Texas, the prison range for a first-degree felony is 5 to 99 years, or life, and the fine is up to $10,000.

What is a second-degree felony in Texas?

In Texas, the prison range for a second-degree felony is 2 to 20 years, and the fine is up to $10,000.

What is a third-degree felony in Texas?

In Texas, the prison range for a third-degree felony is 2 to 10 years, and the fine is up to $10,000.

What is a state jail felony in Texas?

In Texas, the prison range for a state jail felony is 180 days to 2 years in a state jail, and the fine is up to $10,000. The fine can be added to the state jail term. In some cases a state jail felony is punished as a third-degree felony.

What is a Class A misdemeanor in Texas?

In Texas, the jail range for a Class A misdemeanor is up to 1 year, and the fine is up to $4,000. The court can order the fine, the jail term, or both.

What is a Class B misdemeanor in Texas?

In Texas, the jail range for a Class B misdemeanor is up to 180 days, and the fine is up to $2,000. The court can order the fine, the jail term, or both.

What is a Class C misdemeanor in Texas?

In Texas, the jail range for a Class C misdemeanor is no jail, and the fine is up to $500.

How much theft is a felony in Texas?

Theft of property worth $2,500 or more is a felony. It is a state jail felony from $2,500 to under $30,000, a third-degree felony from $30,000 to under $150,000, a second-degree felony from $150,000 to under $300,000 and a first-degree felony at $300,000 or more. Below $2,500 it is a misdemeanor. Some thefts under $2,500, such as theft of a firearm or theft by someone with two or more earlier theft convictions, are also state jail felonies.

Is a DWI a felony in Texas?

A third DWI conviction is a third-degree felony. So is a DWI after one earlier intoxication manslaughter conviction. Intoxication assault is a third-degree felony and intoxication manslaughter is a second-degree felony. DWI with a passenger younger than 15 is a state jail felony. For offenses on or after Sept. 1, 2025, DWI in a school crossing zone while the reduced speed limit applies is also a state jail felony.

These are the general ranges in Texas's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in Texas" https://secondchanceindex.com/felony-classes/texas, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

  1. Tex. Penal Code § 1.07(a)(23)
  2. Tex. Penal Code §§ 49.04, 49.045, 49.07, 49.08, 49.09
  3. Tex. Penal Code § 12.35(c)
  4. Tex. Penal Code § 31.03(e)
  5. S.B. 826 (89th Legislature), enrolled versionTexas Legislature (capitol.texas.gov)