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WHAT EACH CHARGE CARRIES

23 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Texas sorts an offense into a Class A, B or C misdemeanor, a state jail felony, or a felony of the first, second or third degree, and the Penal Code fixes each one's range, so each level here names its class and that range.

23 charges

Theft

CLASS C to 1ST DEG · up to 5 to 99 years or life

Also searched as stealing, shoplifting, larceny, took something

Unlawfully appropriating property with intent to deprive the owner of it, without the owner's effective consent, or taking property knowing someone else stole it.

Class and maximums for Theft
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenLess than $100
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhen$100 or more, less than $750, or less than $100 with any prior theft conviction, or a driver's license
CLASS AClass A misdemeanorUp to one year$4,000 fineWhen$750 or more, less than $2,500
STATE JAILState jail felony180 days to two years in a state jail$10,000 fineWhen$2,500 or more, less than $30,000, or from the person of another, or a firearm, whatever the value
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhen$30,000 or more, less than $150,000
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhen$150,000 or more, less than $300,000
1ST DEGFelony of the first degree5 to 99 years or life$10,000 fineWhen$300,000 or more

For theft of $100 to less than $750, an officer may issue a citation instead of taking the person before a magistrate, where the person lives in the county.

Possession of marihuana

CLASS B to 1ST DEG · up to 5 to 99 years or life

Also searched as marijuana possession, weed, pot, possession of marihuana

Knowingly or intentionally possessing a usable quantity of marihuana. Hemp, as the Agriculture Code defines it, is not marihuana.

Class and maximums for Possession of marihuana
ClassUp toWhen
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenTwo ounces or less
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenMore than two ounces, up to four
STATE JAILState jail felony180 days to two years in a state jail$10,000 fineWhenMore than four ounces, up to five pounds
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenMore than 5 pounds, up to 50
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhenMore than 50 pounds, up to 2,000
1ST DEGFelony of the first degree5 to 99 years or life$50,000 fineWhenMore than 2,000 pounds

Being the first to call for emergency medical help for another person's possible overdose, and staying and cooperating, is a defense to the two lowest levels, with the limits the section sets.

Possession of a Penalty Group 1 substance

STATE JAIL to 1ST DEG · up to 5 to 99 years or life

Also searched as drug possession, cocaine possession, meth possession, heroin possession

Knowingly or intentionally possessing a Penalty Group 1 or 1-B substance, unless it came from or under a valid prescription or practitioner's order.

Class and maximums for Possession of a Penalty Group 1 substance
ClassUp toWhen
STATE JAILState jail felony180 days to two years in a state jail$10,000 fineWhenLess than one gram
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenOne gram or more, less than four
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhenFour grams or more, less than 200
1ST DEGFelony of the first degree5 to 99 years or life$10,000 fineWhen200 grams or more, less than 400
1ST DEGFelony of the first degree5 to 99 years or life$100,000 fineWhen400 grams or more, from 10 to 99 years or life

Possession of drug paraphernalia

CLASS C · no jail

Also searched as paraphernalia, pipe, bong

Using or possessing drug paraphernalia with intent to use it with a controlled substance.

Class and maximums for Possession of drug paraphernalia
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenThe ordinary case

Disorderly conduct

CLASS C to CLASS B · up to Up to 180 days

Also searched as disturbing the peace, unreasonable noise, fighting in public, offensive gesture

Intentionally or knowingly doing one of the acts the section lists, among them abusive language that tends to incite an immediate breach of the peace, unreasonable noise, or fighting in a public place.

Class and maximums for Disorderly conduct
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenMost of the section
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenDischarging a firearm in a public place, or displaying a weapon in a manner calculated to alarm

Noise is presumed unreasonable over 85 decibels after a magistrate or peace officer has said it is a public nuisance.

Resisting arrest, search or transportation

CLASS A to 3RD DEG · up to 2 to 10 years

Also searched as resisting, fighting the officer, pulled away

Intentionally preventing or obstructing a person known to be a peace officer from arresting, searching or transporting anyone, by using force against the officer or another.

Class and maximums for Resisting arrest, search or transportation
ClassUp toWhen
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenThe ordinary case
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenA deadly weapon is used to resist

It is no defense that the arrest or search was unlawful.

Evading arrest or detention

CLASS A to 2ND DEG · up to 2 to 20 years

Also searched as evading, fleeing, ran from police, car chase

Intentionally fleeing from a person known to be a peace officer who is attempting lawfully to arrest or detain the person.

Class and maximums for Evading arrest or detention
ClassUp toWhen
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenOn foot, the ordinary case
STATE JAILState jail felony180 days to two years in a state jail$10,000 fineWhenOn foot with a prior conviction under the section, or in a vehicle under one of the two versions of the penalty the Legislature's text prints
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenIn a vehicle, under the other version, or with a prior conviction
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhenAnother person dies as a result of the pursuit

Failure to identify

CLASS C to CLASS A · up to Up to one year

Also searched as refusing to identify, false name, lying about my name, would not give my name

Refusing a name, residence address or date of birth after a lawful arrest, or giving a false one at a lawful arrest or detention, or as a witness.

Class and maximums for Failure to identify
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenRefusing after a lawful arrest, or a detained driver with no license shown who refuses
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenGiving false information at a lawful arrest or detention, or as a witness
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenRefusing, by a fugitive from justice
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenGiving false information, by a fugitive from justice

Refusing is an offense only after a lawful arrest; during a detention it is giving false information that is the offense, apart from the driver rule.

Interference with public duties

CLASS B · up to Up to 180 days

Also searched as interfering with an officer, getting in the way, filming police

With criminal negligence, interrupting, disrupting, impeding or otherwise interfering with a peace officer performing a duty or exercising authority.

Class and maximums for Interference with public duties
ClassUp toWhen
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenThe ordinary case

It is a defense that the interference consisted of speech only.

Interception of communications

2ND DEG · up to 2 to 20 years

Also searched as wiretapping, secret recording, recording a call

Intentionally intercepting a wire, oral or electronic communication, or using or disclosing one knowing or having reason to know it was intercepted unlawfully.

Class and maximums for Interception of communications
ClassUp toWhen
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhenThe ordinary case

A person not acting under color of law who was a party to the communication, or had a party's prior consent, has an affirmative defense, unless it was intercepted to commit an unlawful act.

Driving while license invalid

CLASS C to CLASS A · up to Up to one year

Also searched as driving on a suspended license, DWLI, revoked license

Driving on a highway while the license is suspended or revoked, after it was canceled or renewal denied, or while an order bars the person from getting one.

Class and maximums for Driving while license invalid
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenThe offense alone
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenA prior conviction under the section, driving without required insurance, or a license suspended before for an intoxicated driving offense
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenWithout required insurance, and causing or at fault in a crash with serious bodily injury or death

Not receiving actual notice is an affirmative defense, but notice sent as the law requires is presumed received.

Reckless driving

MISD · up to Up to 30 days in county jail

Also searched as wilful or wanton disregard, bad driving, parking lot driving

Driving a vehicle in wilful or wanton disregard for the safety of persons or property, on a highway, another public place, or a business's customer parking area.

Class and maximums for Reckless driving
ClassUp toWhen
MISDMisdemeanor set by its own sectionUp to 30 days in county jail$200 fineWhenThe ordinary case

Failing to stop and render aid

CLASS C to 2ND DEG · up to 2 to 20 years

Also searched as hit and run, leaving the scene, drove off after a crash

Failing to stop at a collision and remain until giving the required information and aid.

Class and maximums for Failing to stop and render aid
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenDamage only to an attended vehicle, under $200 in all
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenDamage only to an attended vehicle, $200 or more
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenA collision causing serious bodily injury
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhenA collision causing death

After a collision causing other injury, the penalty is up to five years in prison or one year in county jail, a fine of up to $5,000, or both.

Minor in possession or consumption

CLASS C · no jail

Also searched as underage drinking, MIP, minor in possession

A person under 21 consuming, or possessing, an alcoholic beverage, outside the presence of a parent, guardian or spouse and the other exceptions the sections list.

Class and maximums for Minor in possession or consumption
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenA first or second offense

A minor who is not a child and has two or more prior convictions faces a fine of $250 to $2,000, up to 180 days in jail, or both. The driver's license is suspended for 30 days on a first conviction.

Public intoxication

CLASS C · no jail

Also searched as drunk in public, PI, public drunkenness

Appearing in a public place while intoxicated to the degree that the person may endanger themselves or another.

Class and maximums for Public intoxication
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenThe ordinary case

It is the one Class C offense for which the citation rule does not let an officer write a ticket instead of taking the person before a magistrate.

Open container

CLASS C · no jail

Also searched as open bottle, drinking in the car, open beer

Knowingly possessing an open container in the passenger area of a motor vehicle on a public highway, whether it is being driven, stopped or parked.

Class and maximums for Open container
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenThe ordinary case

The officer issues a citation and releases the person who signs a written promise to appear.

Criminal trespass

CLASS C to CLASS A · up to Up to one year

Also searched as trespassing, refused to leave, purple paint, no guns sign

Entering or remaining on or in another's property without effective consent, after notice that entry was forbidden or after notice to depart.

Class and maximums for Criminal trespass
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenOn agricultural land within 100 feet of its boundary
CLASS CClass C misdemeanorNo jail$200 fineWhenEntering with a firearm where only entry with a firearm was forbidden
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenMost trespass
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenIn a habitation or shelter center, on critical infrastructure, or while carrying a deadly weapon
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenStaying with a firearm after the owner personally gives notice

Assault

CLASS C to 3RD DEG · up to 2 to 10 years

Also searched as hit someone, fight, threatened to hit, offensive contact, choking

Intentionally, knowingly or recklessly causing bodily injury; intentionally or knowingly threatening imminent bodily injury; or intentionally or knowingly causing offensive or provocative contact.

Class and maximums for Assault
ClassUp toWhen
CLASS CClass C misdemeanorNo jail$500 fineWhenThreatening imminent bodily injury, or offensive contact, with exceptions the section lists
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenCausing bodily injury
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenInjury to a public servant on duty, to a family or household member or dating partner after a prior such conviction, or by impeding breathing or circulation

Harassment

CLASS B to CLASS A · up to Up to one year

Also searched as harassing, repeated calls, harassing texts, tracking someone

With intent to harass, annoy, alarm, abuse, torment or embarrass, doing one of the acts the section lists, among them threats, repeated calls or messages, or tracking someone's vehicle without consent.

Class and maximums for Harassment
ClassUp toWhen
CLASS BClass B misdemeanorUp to 180 days$2,000 fineWhenThe ordinary case
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenWith a prior conviction under the section

Stalking

3RD DEG to 2ND DEG · up to 2 to 20 years

Also searched as following someone, course of conduct, threatening

Knowingly engaging, on more than one occasion as part of one course of conduct aimed at a specific person, in harassing or threatening conduct that causes fear and would do so to a reasonable person.

Class and maximums for Stalking
ClassUp toWhen
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenThe ordinary case
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhenWith a prior stalking conviction

Unlawful carrying of a handgun

CLASS A · up to Up to one year

Also searched as UCW, carrying under 21, gun in plain view, carrying while intoxicated

Carrying a handgun in the circumstances the section lists, among them under 21 away from one's own premises or vehicle, in plain view without a holster, or while intoxicated.

Class and maximums for Unlawful carrying of a handgun
ClassUp toWhen
CLASS AClass A misdemeanorUp to one year$4,000 fineWhenGenerally

Firearm in a prohibited place

3RD DEG · up to 2 to 10 years

Also searched as gun at school, gun at a polling place, gun in court, 51 percent bar

Intentionally, knowingly or recklessly possessing a firearm in one of the places the section lists, such as a school, a polling place, a court, a racetrack, the secured area of an airport, or a bar that gets most of its income from drinks.

Class and maximums for Firearm in a prohibited place
ClassUp toWhen
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenIn the places the section lists

Being licensed is not a defense in those places, apart from the exceptions the section sets.

Attack by a dog

3RD DEG to 2ND DEG · up to 2 to 20 years

Also searched as dog bite, dangerous dog, dog attack

An owner whose dog makes an unprovoked attack causing serious bodily injury or death, after failing with criminal negligence to secure it off the owner's property, or knowing it was a dangerous dog outside a secure enclosure.

Class and maximums for Attack by a dog
ClassUp toWhen
3RD DEGFelony of the third degree2 to 10 years$10,000 fineWhenSerious bodily injury
2ND DEGFelony of the second degree2 to 20 years$10,000 fineWhenThe attack causes death

Every class on this page, for reference

Each range comes from the Penal Code's punishment sections. A state jail felony is punished as a third degree felony where a deadly weapon was used or exhibited, or on certain prior felony convictions.

  • CLASS CClass C misdemeanorNo jail$500
  • MISDMisdemeanor set by its own sectionUp to 30 days in county jail$200
  • CLASS BClass B misdemeanorUp to 180 days$2,000
  • CLASS AClass A misdemeanorUp to one year$4,000
  • STATE JAILState jail felony180 days to two years in a state jail$10,000
  • 3RD DEGFelony of the third degree2 to 10 years$10,000
  • 2ND DEGFelony of the second degree2 to 20 years$10,000
  • 1ST DEGFelony of the first degree5 to 99 years or life$10,000

Words on a charging document

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Texas attorney can tell you what yours is. Current as of September 2026.