Texas Criminal Defense Scenarios: What Happens When You're Charged

TL;DR: Texas criminal charges range from Class C misdemeanors (fine only) all the way to capital felonies that carry life in prison or the death penalty. The charge you face, how it's classified, and your prior record all determine what you're up against. If you've been charged—or think charges are coming—talk to us and get matched with a vetted Texas criminal defense attorney fast.

Before diving into specific scenarios, it helps to understand the framework. Texas divides every criminal offense into one of two broad buckets—misdemeanors or felonies—and then ranks them by severity.

• Class C — Fine only, up to $500. Examples: public intoxication, petty theft under $100.
• Class B — Up to 180 days in jail and a $2,000 fine. A first-time DWI typically lands here.
• Class A — Up to one year in jail and a $4,000 fine. Examples: assault causing bodily injury, a second DWI.

• State jail felony — 180 days to 2 years in a state jail facility, fine up to $10,000.
• Third-degree felony — 2 to 10 years in prison, fine up to $10,000.
• Second-degree felony — 2 to 20 years in prison, fine up to $10,000.
• First-degree felony — 5 to 99 years (or life) in prison, fine up to $10,000.
• Capital felony — Life without parole or the death penalty.

These ranges are set out in Chapter 12 of the Texas Penal Code. Many factors—prior convictions, the identity of the victim, whether a weapon was used—can push a charge into a higher tier.

DWI is one of the most common charges Texans face. Under Texas Penal Code § 49.04, you are legally intoxicated when your blood alcohol concentration (BAC) reaches 0.08 percent—but you can also be charged if alcohol or drugs impair your normal use of mental or physical faculties at any BAC level.

The stakes escalate quickly with repeat offenses:

• 1st offense — Class B misdemeanor. Up to $2,000 fine, up to 180 days in jail (3-day mandatory minimum), license suspension up to one year.
• 2nd offense — Class A misdemeanor. Up to $4,000 fine, 30 days to one year in jail, license suspension up to two years.
• 3rd offense — Third-degree felony. Up to $10,000 fine, 2 to 10 years in state prison, license suspension up to two years.

Beyond the criminal penalties, all offenses carry additional state surcharges. A DWI with a child passenger under 15 years old is automatically charged as a state jail felony—even for a first offense—regardless of BAC. If an intoxicated driver causes serious injury (intoxication assault) or death (intoxication manslaughter), first-degree or second-degree felony charges can follow.

Common defense strategies include challenging the legality of the traffic stop, questioning whether field sobriety tests were properly administered, and scrutinizing the reliability of BAC testing equipment.

Texas Penal Code § 22.01 defines assault broadly: intentionally, knowingly, or recklessly causing bodily injury to another person. A basic assault causing bodily injury starts as a Class A misdemeanor, but the offense level rises fast.

• Assaulting a public servant, first responder, or process server while they perform their duties elevates the charge to a third-degree felony.
• Assault causing serious bodily injury becomes a second-degree felony.
• Aggravated assault with a deadly weapon under Texas Penal Code § 22.02 is a second-degree felony—or a first-degree felony when committed against a family member or in a domestic context with prior family violence findings.

Domestic violence (family violence) charges carry additional collateral consequences, including loss of the right to possess a firearm under federal law and use of prior convictions as enhancements. The statute of limitations for family violence misdemeanors is three years—longer than the standard two years for most other misdemeanors.

Drug charges in Texas are governed primarily by the Texas Health and Safety Code rather than the Penal Code. Penalty group classification and the quantity of the substance determine the charge level.

• Small amounts of marijuana (under 2 oz) — Class B misdemeanor.
• Penalty Group 1 substances (cocaine, heroin, fentanyl) under 1 gram — State jail felony.
• Same substances, 1–4 grams — Third-degree felony.
• 400 grams or more — Enhanced first-degree felony with a mandatory minimum of 10 years.

Possession with intent to deliver carries higher penalties than simple possession. Prosecutors sometimes offer pretrial diversion programs for first-time, nonviolent drug offenders, but availability varies significantly by county. An attorney can assess whether you qualify and negotiate accordingly.

Theft in Texas is a classic 'value ladder' crime under Texas Penal Code § 31.03—the value of what was allegedly taken determines the charge level.

• Under $100: Class C misdemeanor.
• $100–$750: Class B misdemeanor.
• $750–$2,500: Class A misdemeanor.
• $2,500–$30,000: State jail felony.
• $30,000–$150,000: Third-degree felony.
• $150,000–$300,000: Second-degree felony.
• $300,000 or more: First-degree felony.

Repeat theft convictions can elevate the charge by one level regardless of the dollar amount involved. Defenses often focus on lack of intent to permanently deprive, mistaken identity, or consent of the owner.

A criminal conviction—even a misdemeanor—can follow you long after you serve your sentence. Possible collateral consequences in Texas include:

• Loss of voting rights while incarcerated (felony conviction).
• Loss of the right to own or possess a firearm (felony or domestic violence conviction).
• Difficulty obtaining or keeping professional licenses, housing, and employment.
• Immigration consequences, including deportation, for non-citizens.

Texas does provide two mechanisms to limit these harms. An expunction (governed by Chapter 55A of the Texas Code of Criminal Procedure) permanently destroys records—generally available after acquittal, dismissal, or certain deferred dispositions. A nondisclosure order (governed by Texas Government Code Chapter 411, Subchapter E-1) seals records from public view but keeps them accessible to law enforcement. Felony convictions on regular probation are not eligible for any record clearing under current Texas law, making it critical to fight charges—or seek the right plea—before conviction.

Need to understand your options before the case moves further? Get matched in under a minute with a Texas criminal defense attorney who handles cases like yours.

Texas law limits how long prosecutors can wait to charge you. These time limits—called statutes of limitations—are set out in Article 12 of the Texas Code of Criminal Procedure.

• Most misdemeanors — 2 years (3 years for family violence misdemeanors).
• Most felonies — 3 years from the date of the offense.
• Felony theft and certain other felonies — 5 years.
• Murder, sexual assault of a child, manslaughter — No time limit. Charges can be filed at any point.

Importantly, the clock pauses if you leave Texas—time spent out of state does not count toward the limitations period. Don't assume an old matter has expired without an attorney confirming it.

Yes. Even a first offense can be a felony depending on the nature of the crime. For example, possessing even a small amount of cocaine is a state jail felony, and DWI with a child passenger under 15 in the vehicle is automatically a state jail felony—regardless of whether you've ever been charged before.

Texas law allows prior convictions to bump a charge up one tier—so a third-degree felony becomes a second-degree felony, and so on. For repeat felony offenders, Texas recidivist statutes (Texas Penal Code § 12.42) can push the penalty range all the way to life in prison. Prior convictions from decades ago can still be used as enhancements with no lookback window in most cases.

Yes—arrest and conviction records for misdemeanors appear on background checks. Texas does not automatically seal or expunge records. You must petition the court. A dismissed charge can still appear until you obtain an expunction order, and even a first-time misdemeanor conviction may only qualify for a nondisclosure order rather than full expunction.

No. A plea deal may seem like the fastest path out, but it locks in a conviction with all its long-term consequences—including the loss of your right to fight the charges later. An attorney can evaluate the strength of the prosecution's evidence, negotiate better terms, explore diversion programs, and sometimes achieve a dismissal that keeps your record clean.

Quickly. Critical deadlines begin running from the moment of arrest. Your driver's license can be suspended within 40 days of a DWI arrest unless you request an administrative hearing. Evidence can disappear, witnesses' memories fade, and the prosecution has a head start the moment charges are filed. Contact an attorney as soon as possible—ideally before you speak to police about the incident.

Texas criminal cases move fast, and the decisions you make in the first days after an arrest often shape everything that follows. Whether you're facing a misdemeanor DWI or a serious felony charge, you deserve a lawyer who knows Texas courts and can build your defense from day one. DearLegal matches you with vetted criminal defense attorneys across Texas—at no cost to you to connect. Start your case now and get the representation you need.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.