A Class A misdemeanor can be enhanced based on a prior Class A or greater conviction, which makes the charge punishable by confinement from 90 days up to one year in jail. § 12.22 (2019).) Probation is a jail alternative. ( § 31.03(e)(3).) The judge or jury can put a defendant on probation rather than send him or her to jail. Felony DWI – Texas. Marijuana Possession. Misdemeanor probation in Texas is when a defendant is convicted of a misdemeanor, ... Misdemeanor probation is a sentence for a criminal conviction on a misdemeanor charge. (Tex. In a felony case, the court can impose felony probation. Here’s a look at the difference between felony vs. misdemeanor charges and penalties in the state. The punishment for a class A misdemeanor in Texas is a sentence of confinement in jail for a term of no more than one year, a fine of not more than $4,000, or both.

Felony DUI. If a misdemeanor doesn’t occur in the officer’s presence, he can try to get a warrant for the suspect’s arrest. (Tex. However, in most cases, being caught with only a small amount of pot will result in probation, with mandatory drug treatment, and the potential to have the charged dismissed after a successful treatment program. Let’s take a look at when you may face a felony DWI charge in Texas. For a misdemeanor offense you will get a maximum sentence of one year in the county jail. Penal Code Ann.

In Texas, both misdemeanors and felonies are broken down into several additional categories as well, with differing consequences.

Many states require that the state prosecutor obtain a legal indictment before charging someone with felony charges. In addition to facing possible jail (as opposed to prison) time, a misdemeanor DUI will not require a preliminary hearing or the convening of a grand jury, whereas a felony DUI case would.
§ 12.22 (2019).) The biggest difference between a misdemeanor and a felony is the potential punishment associated with each one. If convicted of a misdemeanor, possible jail time can include one year behind bars. For example, possession of up to two ounces of marijuana is a Class B misdemeanor.

If you commit felony evasion you could do some time in a state prison. In Texas it's known as a state jail felony. Fleeing on foot is generally a misdemeanor offense. Felony vs Misdemeanor: Do You Know The Difference? Fleeing in a motor vehicle is a felony offense. A misdemeanor is a serious offense, but the infraction is not as weighty as a felony. If you stop and think about it, the only difference between a misdemeanor possession of marijuana in Texas and felony possession of marijuana in Texas is the weight. The distinction between whether theft is a misdemeanor or a felony is dependent on the value of the cash or property stolen.

Tyler Allen Law Firm, PLLC 2,050 views

Most people who are arrested and charged face misdemeanor DUI allegations.


Class C misdemeanors in Texas are punishable by a fine of up to $500. For example, possession of up to two ounces of marijuana is a Class B misdemeanor. If you stop and think about it, the only difference between a misdemeanor possession of marijuana in Texas and felony possession of marijuana in Texas is the weight. In Texas, as in other states, the primary criminal charge classifications are misdemeanor and felony. If you look at the little list above, you’ll see that possession of 4oz to 5lbs of marijuana in Texas is a felony.