April 7, 2026
When people hear they’ve been charged with a crime, one of their first questions is often: “Is this a felony or a misdemeanor?” That distinction matters enormously under Texas law — the difference between the two affects the severity of the punishment, your civil rights, your employment prospects, your ability to own a firearm, and the long-term trajectory of your life.
At The Napier Law Firm, we defend clients against both misdemeanor and felony charges throughout Harris County, Montgomery County, Fort Bend County, and the greater Houston area. Here’s what you need to understand about how Texas law classifies criminal offenses and why fighting every charge — regardless of severity — is always worth it.
Misdemeanors in Texas
Misdemeanors are the less severe category of criminal offense in Texas, but “less severe” is a relative term — even a misdemeanor conviction can have lasting consequences on your life. Texas classifies misdemeanors into three classes:
Class C Misdemeanor
- Maximum punishment: $500 fine (no jail time)
- Examples: traffic violations, public intoxication, simple assault (offensive contact), disorderly conduct, minor in possession of alcohol
While Class C misdemeanors don’t carry jail time, a conviction still creates a permanent criminal record that can show up on background checks.
Class B Misdemeanor
- Maximum punishment: 180 days in county jail and/or $2,000 fine
- Examples: first-offense DWI (with BAC under 0.15%), possession of marijuana under 2 0z, criminal trespass, theft under $100, indecent exposure
Class A Misdemeanor
- Maximum punishment: 1 year in county jail and/or $4,000 fine
- Examples: second-offense DW], assault causing bodily injury, possession of marijuana between 2-4 oz, theft between $750-$2,500, unlawful carrying of a weapon
Misdemeanor cases are typically heard in County Courts at Law. In Harris County, there are multiple county criminal courts handling misdemeanor matters.
Felonies in Texas
Felonies are more serious criminal offenses that carry state prison sentences (rather than county jail) and significantly more severe long-term consequences. Texas classifies felonies into five categories:
State Jail Felony
- Punishment: 180 days to 2 years in state jail, and/or fine up to $10,000
- Examples: possession of less than 1 gram of a Penalty Group 1 controlled substance, theft between $2,500-$30,000, forgery, unauthorized use of a motor vehicle, credit card abuse
Third-Degree Felony
- Punishment: 2 to 10 years in state prison, and/or fine up to $10,000
- Examples: assault causing serious bodily injury, DWI with a child passenger, stalking, third offense DWI, possession of 1-4 grams of a Penalty Group 1 substance
Second-Degree Felony
- Punishment: 2 to 20 years in state prison, and/or fine up to $10,000
- Examples: aggravated assault, robbery, sexual assault, arson, possession of 4-200 grams of a Penalty Group 1 substance, manslaughter
First-Degree Felony
- Punishment: 5 to 99 years or life in state prison, and/or fine up to $10,000
- Examples: aggravated robbery, aggravated sexual assault, murder (second-degree murder), possession of 200-400 grams of a Penalty Group 1 substance
Capital Felony
- Punishment: Life without parole or the death penalty
- Examples: capital murder (murder of a police officer, murder during certain felonies, murder of multiple persons, murder of a child, etc.)
The Long-Term Consequences of a Felony Conviction
The collateral consequences of a felony conviction in Texas extend far beyond the initial sentence:
Loss of Civil Rights: Convicted felons in Texas lose the right to vote (while incarcerated and on parole/probation), the right to serve on a jury, and the right to possess firearms under both Texas and federal law.
Employment: Many employers conduct background checks and refuse to hire individuals with felony convictions. Licensed professions — medicine, law, nursing, teaching, contracting — often have automatic bars or discretionary review for felony convictions.
Housing: Federal housing assistance (Section 8) can be denied to individuals with felony drug convictions. Private landlords routinely screen for criminal history.
Immigration: For non-citizens, felony convictions — and even some misdemeanor convictions — can trigger deportation, inadmissibility, or denial of naturalization.
Family Law: Felony convictions can be used against you in child custody proceedings and can affect your parental rights.
Enhancement Provisions in Texas
Texas law includes “enhancement” provisions that can dramatically increase punishment for repeat offenders. For example:
- A defendant with one prior felony conviction may have a second felony charge enhanced by one degree
- A defendant with two prior felony convictions may face a habitual offender designation with a minimum sentence of 25 years
Understanding these enhancement possibilities is critical — what looks like a straightforward second-degree felony may, with prior convictions, become a life sentence case. An experienced criminal defense attorney will account for these possibilities when advising you on your options.
Why Fighting Every Charge Matters
At The Napier Law Firm, we bring the same level of commitment and preparation to a Class B misdemeanor as we do to a first-degree felony. Every charge has the potential to impact your life, and every client deserves a vigorous defense.
George Napier has successfully had charges dismissed, reduced, or resulted in acquittals across the full spectrum of criminal offenses — from first-offense misdemeanors to serious felonies. His approach is always the same: thorough investigation, strategic advocacy, and an unwavering commitment to achieving the best possible outcome for each client.
Whether you’re facing a misdemeanor or a serious felony in Harris County, Montgomery County, or Fort Bend County, The Napier Law Firm is ready to defend your rights. Contact us today for a free consultation — available 24 hours a day, 7 days a week.