Texas criminal defense lawyer › Charges
Texas Criminal Charges
How Texas grades the most common charges, and what each one can carry. For the full picture, start with the Texas criminal defense guide.
DWI
A first DWI is a Class B misdemeanor; a third is a felony. The license suspension runs separately, with a 15-day deadline to request a hearing. Texas DWI laws →
Drug possession
Possessing under 2 ounces of marijuana is a Class B misdemeanor. Under a gram of a Penalty Group 1 drug, such as cocaine, meth or heroin, is a state jail felony (Health and Safety Code Chapter 481).
Assault
Assault causing bodily injury is usually a Class A misdemeanor. With a deadly weapon or serious bodily injury it becomes aggravated assault, a second-degree felony (Penal Code §§22.01 and 22.02).
Theft
Theft is graded by value: a Class C misdemeanor under $100, a Class B from $100 to $750, rising to a first-degree felony at $300,000 or more (Penal Code §31.03).
Unlawful carrying of a weapon
Usually a Class A misdemeanor. Carrying in a place where weapons are banned, or while barred from having one, can be a felony (Penal Code §46.02).
Evading arrest
Running from an officer on foot is usually a Class A misdemeanor. Fleeing in a vehicle is a felony (Penal Code §38.04).
Federal charges
Federal cases in Texas are heard in four federal districts: Northern, Southern, Eastern and Western. They follow federal sentencing law, not the Texas Penal Code.
Juvenile cases
Children from 10 to 16 are generally handled in juvenile court under the Texas Family Code, with different procedures and records rules than adult court.
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