Understanding Misdemeanor vs. Felony Charges in Texas

Being charged with any crime in Texas is a serious matter, but not all charges carry the same weight. Texas law separates criminal charges into two main categories: misdemeanors and felonies. Both types of charges can result in fines, confinement, and a permanent criminal record. Understanding the differences in how these types of crimes are prosecuted can help you prepare your defense.

At Marc Chavez Law Firm, we understand how prosecutors pursue their cases. That’s because our founding attorney is a former prosecutor. For four years, he’s been named a Super Lawyer by a rating service of outstanding lawyers. If you’re facing a criminal charge in Texas, contact our office today at 512-337-9774 for a free consultation so we can protect your rights.

How Classifications Affect How Criminal Charges Are Handled

The difference between a misdemeanor and a felony isn’t just about time behind bars. The distinction can also determine how cases are handled and what resources prosecutors put into securing guilty pleas.

For example, prosecutors generally come down harder on felony cases because the types of crimes that are classified as felonies generally cause more harm to society and leave victims with injuries and mental trauma.

During sentencing, a judge would be less likely to show leniency to someone who seriously harmed or killed another person, while someone who trespasses may not face more than a fine. That’s not to say that misdemeanors are not serious offenses because they can still result in potentially lengthy jail sentences.

How your charges are classified can have implications for how your attorney approaches your defense. Any steps that can reduce your crime to a lesser offense can greatly improve your chances of a favorable outcome to your case.

Common Examples of Misdemeanor and Felony Charges in Texas

As with other states, crimes in Texas are classified into two broad categories. One exception would include crimes that are considered “wobblers,” meaning they can be charged as either classification depending on the circumstances of the offense. These include crimes that involve theft of property or physical injury. Prior offenses often play a role in how certain criminal charges are ultimately classified.

Common misdemeanors in Texas include:

• First-time DWIs
• Theft involving low-dollar amounts
• Simple assault
• Disorderly conduct
• Criminal trespass

Common felonies in Texas include:

• Aggravated assault
• Burglary of a habitation
• Drug possession
• Sexual assault

Prosecutors won’t delay determining which type of charges they will bring forward. Soon after your arrest, the courts will inform you of your offense and whether or not you are charged with a felony or misdemeanor.

Criminal Defense Strategies for Misdemeanors

Misdemeanor charges can lead to serious consequences that go beyond the initial penalties. Having any type of criminal record can be detrimental to someone’s personal and professional life. Having the right legal approach can help a defendant avoid serious penalties. Common legal defense strategies can include:

• Challenging the legality of the arrest or search
• Negotiating for deferred adjudication or diversion programs
• Showing a lack of intent
• Showing that police misidentified the suspect
• Questioning eyewitness testimony

Having legal representation from a former prosecutor can also greatly help. Marc Chavez Law Firm uses a tailored approach to each case, and our lead attorney relies on his past career as a prosecutor to help defendants in court.

Criminal Defense Strategies for Felonies

Felony charges demand an aggressive and experienced defense. With higher stakes, your lawyer must anticipate the prosecution’s moves and undermine their evidence at every turn. Common strategies to fight felony charges include:

• Challenging the evidence if it was obtained unlawfully
• Disputing aggravating factors
• Cross-examining unreliable witnesses
• Presenting alternative explanations for the alleged crime
• Pushing for a reduction in charges

Any step an attorney can take to chip away at the prosecution’s case can greatly help a defendant in court. By reducing a felony to a misdemeanor, the accused could avoid significant jail time.

Can My Charges Be Reduced?

Criminal charges in Texas may be reduced based on the facts of the case, your criminal history, and the strength of the evidence. Sometimes, prosecutors pile on multiple offenses as leverage they can use later. Having an attorney can help you fight back.

Felonies can potentially be reduced to misdemeanors, and high-level misdemeanors can be reduced to lower classifications, especially when the evidence supports a reduction in charges. Your attorney can also challenge any enhancements that were added to your case.

Frequently Asked Questions About Misdemeanors and Felonies

Do I Need a Lawyer to Represent My Misdemeanor Case?

You are not required to have legal representation during a criminal case, but having a lawyer can greatly improve your odds of securing a favorable outcome. For example, criminal defense attorneys can fight your charges and seek to have your case dismissed.

Can a Misdemeanor Become a Felony?

In some cases, a crime can be elevated from a misdemeanor to a felony when there are aggravating factors involved. Being charged for the same crime after a prior conviction can also potentially lead to a felony charge.

Will a Felony Conviction Affect My Gun Rights?

Yes. Per both state and federal law, you can potentially lose your right to possess a firearm in Texas if you are convicted of a felony.

Are Misdemeanors Not Very Serious?

Although misdemeanor charges are not as serious as felony charges, they can still lead to serious consequences that can adversely affect your personal life and professional career. A misdemeanor carries the potential of resulting in jail sentences that could range from weeks to several months or longer, depending on the type of crime with which you are charged.

Call Marc Chavez Law Firm Today

If you’re facing criminal charges in Texas, don’t wait to get legal help. Whether it’s a misdemeanor or felony, the consequences can be life-changing. At Marc Chavez Law Firm, we use years of prosecutorial experience to challenge the state’s case and fight for a better outcome.

Our lead attorney has been named a Super Lawyer for the past four years. Call 512-337-9774 or contact us online to schedule your free consultation today.