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Class A vs Class B misdemeanor in Texas

Published · Updated · Texas Criminal Defense Attorneys PLLC · Reviewed by the Marketing Team

In short: A Class A misdemeanor is the most serious misdemeanor in Texas, punishable by up to 1 year in county jail and a fine up to $4,000 (Penal Code 12.21). A Class B misdemeanor carries up to 180 days in jail and a fine up to $2,000 (12.22). Class C is fine only, up to $500 (12.23).

Side-by-side comparison

Texas misdemeanor classes compared
Class AClass BClass C
JailUp to 1 yearUp to 180 daysNone
FineUp to $4,000Up to $2,000Up to $500
LawPenal Code 12.21Penal Code 12.22Penal Code 12.23
With a prior Class A or felony conviction90 days to 1 year (12.43(a))30 to 180 days (12.43(b))Separate rules (12.43(c))

Common examples

Examples of Class A and Class B misdemeanors
OffenseUsual gradeLaw
First DWIClass B, 72-hour minimumPenal Code 49.04(b)
First DWI at 0.15 or moreClass APenal Code 49.04(d)
Second DWIClass A, 30-day minimumPenal Code 49.09(a)
Assault causing bodily injuryClass APenal Code 22.01(b)
Marijuana, 2 ounces or lessClass BHealth and Safety Code 481.121(b)(1)
Marijuana, over 2 to 4 ouncesClass AHealth and Safety Code 481.121(b)(2)
Penalty Group 3 drug under 28 gramsClass AHealth and Safety Code 481.117(b)
Violation of a protective order (basic)Class APenal Code 25.07(g)

Why the class matters beyond jail

Related reading: DWI vs public intoxication, drug paraphernalia, and criminal defense in Dallas.

How do I get started?

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Last updated October 2026

Common questions

What is the difference between a Class A and Class B misdemeanor in Texas?

Class A carries up to 1 year in jail and a $4,000 fine (Penal Code 12.21). Class B carries up to 180 days and a $2,000 fine (12.22).

Is a Class B misdemeanor a big deal in Texas?

It is a criminal charge that can mean jail and a record. A prior conviction can raise the minimum to 30 days (Penal Code 12.43(b)).

Is a first DWI a Class A or Class B misdemeanor?

Usually Class B with a 72-hour minimum. It is Class A if the alcohol concentration was 0.15 or more (Penal Code 49.04).

Do not wait for your court date to get help. Call (214) 239-2013.

Call (214) 239-2013

Phones and chat are answered 24/7, with AI covering when no staff is free.

This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.

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