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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenLess than $100 |
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | When$100 or more, less than $750, or less than $100 with any prior theft conviction, or a driver's license |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | When$750 or more, less than $2,500 |
| STATE JAILState jail felony | 180 days to two years in a state jail$10,000 fine | When$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 degree | 2 to 10 years$10,000 fine | When$30,000 or more, less than $150,000 |
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | When$150,000 or more, less than $300,000 |
| 1ST DEGFelony of the first degree | 5 to 99 years or life$10,000 fine | When$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 | Up to | When |
|---|---|---|
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenTwo ounces or less |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenMore than two ounces, up to four |
| STATE JAILState jail felony | 180 days to two years in a state jail$10,000 fine | WhenMore than four ounces, up to five pounds |
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenMore than 5 pounds, up to 50 |
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | WhenMore than 50 pounds, up to 2,000 |
| 1ST DEGFelony of the first degree | 5 to 99 years or life$50,000 fine | WhenMore 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 | Up to | When |
|---|---|---|
| STATE JAILState jail felony | 180 days to two years in a state jail$10,000 fine | WhenLess than one gram |
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenOne gram or more, less than four |
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | WhenFour grams or more, less than 200 |
| 1ST DEGFelony of the first degree | 5 to 99 years or life$10,000 fine | When200 grams or more, less than 400 |
| 1ST DEGFelony of the first degree | 5 to 99 years or life$100,000 fine | When400 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenThe 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenMost of the section |
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenDischarging 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 | Up to | When |
|---|---|---|
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenThe ordinary case |
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenOn foot, the ordinary case |
| STATE JAILState jail felony | 180 days to two years in a state jail$10,000 fine | WhenOn 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 degree | 2 to 10 years$10,000 fine | WhenIn a vehicle, under the other version, or with a prior conviction |
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | WhenAnother 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenRefusing after a lawful arrest, or a detained driver with no license shown who refuses |
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenGiving false information at a lawful arrest or detention, or as a witness |
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenRefusing, by a fugitive from justice |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenGiving 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 | Up to | When |
|---|---|---|
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenThe 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 | Up to | When |
|---|---|---|
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | WhenThe 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenThe offense alone |
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenA prior conviction under the section, driving without required insurance, or a license suspended before for an intoxicated driving offense |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenWithout 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor set by its own section | Up to 30 days in county jail$200 fine | WhenThe 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenDamage only to an attended vehicle, under $200 in all |
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenDamage only to an attended vehicle, $200 or more |
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenA collision causing serious bodily injury |
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenA 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenThe 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenThe 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenOn agricultural land within 100 feet of its boundary |
| CLASS CClass C misdemeanor | No jail$200 fine | WhenEntering with a firearm where only entry with a firearm was forbidden |
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenMost trespass |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenIn a habitation or shelter center, on critical infrastructure, or while carrying a deadly weapon |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenStaying 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 | Up to | When |
|---|---|---|
| CLASS CClass C misdemeanor | No jail$500 fine | WhenThreatening imminent bodily injury, or offensive contact, with exceptions the section lists |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenCausing bodily injury |
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenInjury 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 | Up to | When |
|---|---|---|
| CLASS BClass B misdemeanor | Up to 180 days$2,000 fine | WhenThe ordinary case |
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenWith 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 | Up to | When |
|---|---|---|
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenThe ordinary case |
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | WhenWith 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 | Up to | When |
|---|---|---|
| CLASS AClass A misdemeanor | Up to one year$4,000 fine | WhenGenerally |
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 | Up to | When |
|---|---|---|
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenIn 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 | Up to | When |
|---|---|---|
| 3RD DEGFelony of the third degree | 2 to 10 years$10,000 fine | WhenSerious bodily injury |
| 2ND DEGFelony of the second degree | 2 to 20 years$10,000 fine | WhenThe 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.
- BailThe bond and its conditions, set to give reasonable assurance the person will appear. The person's ability to make it is considered, along with the offense, safety and criminal history.
- Class C misdemeanorThe lowest offense level, for which the Penal Code sets a fine of up to $500.
- Dangerous dogA dog that made an unprovoked attack causing bodily injury, or acted in a way that made a person reasonably believe it would attack, outside an enclosure reasonably certain to hold it.
- Evading arrest or detentionIntentionally fleeing from a person known to be a peace officer who is attempting lawfully to arrest or detain the person. It is a Class A misdemeanor, and more in a vehicle or after a prior conviction.
- ExpunctionThe order reaching the records and files of an arrest. A person tried and acquitted is entitled to it, and so, in the cases the chapter lists, is a person released whose charge did not end in a final conviction and is no longer pending.
- HazingAn offense under the Education Code that reaches whoever engages in it, solicits, encourages, directs or aids it, recklessly permits it to occur, or knowingly fails to report a planned or completed incident known firsthand.
- MagistrateThe judicial officer an arrested person goes before without unnecessary delay and no later than 48 hours after the arrest, who tells the person the accusation and the rights that follow, among them the right to counsel and the right to remain silent.
- MarihuanaThe plant Cannabis sativa L., its seeds and preparations of them, as the controlled substances act defines it. Possessing a usable quantity is an offense, and two ounces or less is a Class B misdemeanor.
- Resisting arrestIntentionally 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.
- StalkingKnowingly engaging, on more than one occasion and as part of the same course of conduct directed at a specific person, in conduct that is harassment or threatening, that causes fear and would do so to a reasonable person. It is a felony of the third degree.
- State jail felonyThe felony level below third degree: 180 days to two years in a state jail, and a fine of up to $10,000.
- TheftUnlawfully appropriating property with intent to deprive the owner of it, which is unlawful without the owner's effective consent, or when the property is stolen and known to be. The class follows the value taken.
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.