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Class A vs Class B misdemeanor in Texas
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
| Class A | Class B | Class C | |
|---|---|---|---|
| Jail | Up to 1 year | Up to 180 days | None |
| Fine | Up to $4,000 | Up to $2,000 | Up to $500 |
| Law | Penal Code 12.21 | Penal Code 12.22 | Penal Code 12.23 |
| With a prior Class A or felony conviction | 90 days to 1 year (12.43(a)) | 30 to 180 days (12.43(b)) | Separate rules (12.43(c)) |
Common examples
| Offense | Usual grade | Law |
|---|---|---|
| First DWI | Class B, 72-hour minimum | Penal Code 49.04(b) |
| First DWI at 0.15 or more | Class A | Penal Code 49.04(d) |
| Second DWI | Class A, 30-day minimum | Penal Code 49.09(a) |
| Assault causing bodily injury | Class A | Penal Code 22.01(b) |
| Marijuana, 2 ounces or less | Class B | Health and Safety Code 481.121(b)(1) |
| Marijuana, over 2 to 4 ounces | Class A | Health and Safety Code 481.121(b)(2) |
| Penalty Group 3 drug under 28 grams | Class A | Health and Safety Code 481.117(b) |
| Violation of a protective order (basic) | Class A | Penal Code 25.07(g) |
Why the class matters beyond jail
- A prior Class A conviction can raise the minimum on a later Class A or Class B charge under 12.43.
- Community supervision for a misdemeanor can last up to 2 years (Code of Criminal Procedure 42A.053(f)).
- Nondisclosure waiting periods and eligibility depend on the offense, not only the class. See how deferred adjudication works.
Related reading: DWI vs public intoxication, drug paraphernalia, and criminal defense in Dallas.
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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.
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.