What is a Felony?


What is a Felony?  A felony is a serious crime.  A person will face from 6 months state jail to life in prison for felony offenses.  Felonies are easily understood when compared to misdemeanors.  The worst that can happen to a person facing a misdemeanor charge in Texas is a year of jail.  The worst that can happen to a person facing a first degree felony is life in prison, or in very rare cases, death.

Most Well Known Felonies

The most (in)famous felonies are robbery, kidnapping, murder and rape.   Most people are familiar with what the criminal act is, when they hear the term “robbery.”  What is it, however, about a particular crime takes the conduct out of the less severe misdemeanor level, and brings it into the felony level?  Having read and analyzed the entire Texas Penal Code on this subject, I offer the following general rules of thumb.  First, anytime there is something of value taken or destroyed, such as in the case of theft, the threshold for changing the crime from misdemeanor to felony is a value of $1,500 or more.  So, as with criminal mischief or graffiti, the crimes are merely misdemeanors, unless the criminal conduct involves damages of $1,500 or more.    If the person has only damaged another person or entity financially by less than $1,500, the crime is a misdemeanor.  Secondly, any act involving serious bodily injury is a felony.  The only time a violent act amounts to a misdemeanor is if the violent act occurs during a simple assault, and does not involve any sort of weapon.  Thirdly, it is generally the case that interfering or tampering with governmental property and/or employees in any sort of egregious way, is a felony.   Fourthly, it is very common in the Texas Penal Code to see that after a person has been convicted of a misdemeanor offense, that committing the same offense a second time will render the crime a felony for the purposes of criminally charging the previously convicted individual.  Lastly, the Texas penal code implements special protections for children throughout its provisions as well.  It is more likely that a person will face a felony charge if his victim is a person under 17.

This "What is a Felony" list tells you all the reasons a felon can be arrested.

This “What is a Felony” list tells you (almost) all the reasons a felon can be arrested under the Texas Penal Code.

About Our List of Felonies

The Texas Felony List is created in Alphabetical Order.  Please note certain, very uncommon, felonies and misdemeanors in Texas are not included in this list.  The list is created as an easy to read reference  to answer quickly whether a crime is indeed a felony, and what the crime itself consists of.    The best way to answer the question, “What is a felony?” is to list all of the crimes in Texas that are statutorily considered felonies.  At the bottom of the document, we offer a list of misdemeanors (less serious crimes) that are not considered felonies.

THIS “What is a Felony” LIST IS COPYRIGHTED.  All of the below are felonies.

  1. Abandoning or Endangering a Child is a felony offense.  If a person leaves a child without providing reasonable care for the child, such abandonment is a felony crime.  Putting a child in an obviously dangerous circumstance of any kind is similarly the crime of endangering a child, and is considered a felony in Texas, including exposing the child to the production of methamphetamine or the inhalation of other illegal substances.  This felony result in a state jail range of punishment (2 years prison) up to a second degree felony range of punishment (20 years prison).
  2. Abuse of Official Capacity is a felony in certain circumstances.  A public servant commits this crime is the servant intends on getting a benefit by violating a law relating to public service or  misuses governmental property.  If the value of the misuse is $1,500 or more, the act is a felony.  Texas Penal Code, Section 39.02. 
  3. Aggravated Assault is a felony.  If a person causes not only bodily injury but serious bodily injury to another, then such act is generally a felony.  If a person uses a weapon during an assault, such act is a felony in the second degree.  However, aggravated assault is a felony in the first degree when the victim is a family member, involves reckless discharge of a firearm, or is against a police officer on duty.  Section 22.02 Texas Penal Code.
  4. Aggravated Perjury is a felony crime.  Aggravated perjury is the act of not only lying under oath, but lying about a material piece of testimony during an official proceeding.  (Third degree felony subject to 10 years prison).
  5. Aggravated Robbery is a felony in the first degree (up to life in prison).  If a person is attempting to commit theft and causes serious bodily injury to another, or uses a weapon for the theft, then the act is a felony in the first degree.  (Regular robbery requires just a bodily injury, but aggravated robbery requires a serious bodily injury).
  6. Aiding Suicide is a felony in certain circumstances.  If a person assists another in committing suicide, and the assistance results in suicide or serious injury, then such act of assistance is a felony at the state jail level (up to two years state jail time). Section 22.08 Texas Penal Code.
  7. Arson is a felony.  Starting a fire to anything is a state jail felony unless a person is injured by the fire, in which case the act is a third degree felony (up to 10 years prison). Texas Penal Code 28.02.
  8. Assault is a felony, under certain circumstances.  If a person causes bodily injury to a police officer, then such act is a felony in the third degree (up to 10 years in prison).  If a person commits assault against a spouse or family member more than once, such act is a felony in the third degree.  If the violent act is one of choking or impeding breath, such assault is considered a felony.
  9. Attack on Assistance Animal is a felony in certain circumstances.  If a person causes an injury to an assistance animal, then the act is a state jail felony.  IF a person kills an assistance animal, then the act is a third degree felony. Texas Penal Code Section 42.091.
  10. Bail Jumping and Failure Appear is a felony in certain circumstances.  If the person was set to appear in court for a felony charge, then failure to appear is a third degree felony.  Texas Penal Code, Section 38.10.
    Need a San Antonio Felony Lawyer? Call us (210) 271-2800.
  11. Barraty is a felony in certain circumstances.  Barraty is the act of soliciting employment on the telephone or in person as a lawyer, doctor, or other certain professional person.  Barraty is a felony in the third degree, if the actor knowingly funds the solicitation.  Texas Penal Code, Section 38.12.
  12. Bigamy is a felony.  Bigamy is marrying more than one person. Texas Penal Code Section 25.01.
  13. Bouncing a Check (theft by Check) is considered a felony if the amount of the check is $1,500 or higher.  (See theft below).
  14. Bribery is a felony in the second degree (up to 20 years prison). Bribery is the act of intentionally offering a benefit to another in order to influence the recipient’s decision, opinion, recommendation vote or exercise of discretion as a public servant. Texas Penal Code, Section 36.02.
  15. Burglary is a felony. Burglary is the act of entering a building or house with the intent to steal from or assault another.  If a person enters another’s house for this reason, the act is a felony in the second degree (up to 20 years in prison).   If a person tries to enter a building that is not a private residence, the act is a state jail felony (up to 2 years state jail). Texas Penal Code 30.02.
  16. Burglary of a Vehicle is sometimes considered a felony.  Entering a vehicle, or stealing gas from a vehicle is a felony if the person has been convicted of the same crime twice before.  Otherwise, it is a misdemeanor.
  17. Child Support Violation (formally called “Criminal Non-Support”) is a state jail felony.  Knowingly failing to pay child support is indeed a felony crime. Texas Penal Code 25.05.
  18. Cockfighting is a felony in certain circumstances.  Texas Penal Code, Section 42.105.  Causing fowl to fight, or earning money from a fight between fowl, is a state jail felony.
  19. Components of Explosives is a felony in the third degree.  A person commits this offense is the person has components of an explosive weapon with the intent to build an explosive weapon.  Texas Penal Code, Section 46.09.
  20. Conspiracy is a felony.  If a person plans a crime with one or more other people, and the crime is at least a third degree felony, then the plan (or conspiracy) itself is also a felony.  Conspiracy is not a commonly charged crime in Texas.
  21. Continuous Family Violence is a felony in the third degree (up to 10 years prison).  Continuous family violence is the name for when a person commits assault against any family member more than once in a twelve month period.   Texas Penal Code 25.011.
  22. Credit Card Abuse  is a state jail felony.  Stealing a credit card, or receiving the benefit of a stolen credit card is a felony. Texas Penal Code 32.31. 
  23. Criminal Mischief is a felony in certain circumstances.  If a person causes damages to tangible property of $1,500 or more, then the offense is a felony that can range from state jail to first degree, depending on the amount of damages. Texas Penal Code 28.03
  24. Cruelty to Livestock Animals is a felony if the person has previously been convicted of the crime two times.  Otherwise, cruelty to animals is a misdemeanor offense.  this crime includes:  torturing livestock, failing to provide necessary food water or care for livestock, abandoning livestock, transporting livestock in a cruel manner, administering poison to livestock, using livestock to fight with another livestock animal or using it to lure a dog in a race, tripping a horse, overworking a livestock animal Texas Penal Code, Section 42.09.
  25. Cruelty to non livestock animals is felony in certain circumstances. Cruelty to animals includes abandoning an animal, torturing and animal, killing and animal, causing serious bodily injury to an animal, failing to provide necessary food, water care or shelter, transporting an animal in a cruel manner,   Texas Penal Code, Section 42.092.
  26. Deadly Conduct is a felony under certain circumstances.  If a person knowingly discharges a firearm in the direction of another person or house, such action is a felony in the third degree (up to 10 years prison).
  27. Having a Deadly Weapon in a Penal Institution is a felony in the third degree.  If a person is in jail and he or she carries a deadly weapon, such act is a felony in the third degree (up to 10 more years in prison)  Texas Penal Code, Section 46.10.
  28. Driving While Intoxicated is a misdemeanor, unless the person has been convicted more than 2 times in which case, the act is a felony. Driving while intoxicated is the act of driving while a person has introduced enough alcohol into the body that the person does not have his normal coordination or mental ability.  Or, Driving while intoxicated is driving while the person has a blood alcohol content level of .08 or more. Texas Penal Code, Section 49.04.
  29. Driving While Intoxicated With a Child Passenger is a state jail felonyTexas Penal Code, Section 49.045.
  30. Engaging in Organized Criminal Activity is a felony. Being in a gang, in any capacity, is a crime, and is most often a felony offense.  Texas Penal Code, Section 71.02. 
    Need a San Antonio Felony Lawyer? Call us (210) 271-2800.
  31. Escape is a felony.  Escaping from detention or jail is a felony if the person is escaping from jail, or charged with a felony.  It is a felony in the second degree, if the escaping party causes bodily injury to another in order to escape.  If seriously bodily injury is caused, then it is a first degree felony.  Texas Penal Code, Section 38.06.
  32. Evading Arrest is a felony in certain circumstances. Evading arrest is the act of fleeing from an officer who is attempting to arrest the evader.  Texas Penal Code, Section 38.04.  If the evader has previously evaded, then the act is a state jail felony (up to 2 years state jail).  If the actor uses a vehicle or boat to avoid the officer, the evader is a third degree felony (up to 10 years in prison).
  33. False Alarm or Report is a misdemeanor unless the false report involves a public school, in which case the false alarm is a felony.  Causing an official to deal with a false emergency is one meaning of “false alarm”. Texas Penal Code, Section 42.06.
  34. False Statement Regarding Child Custody in Foreign Country is a felony in the third degree (up to 10 years prison) A person cannot make a false statement relating to a custody determination that was purportedly made in a foreign country, during a hearing. Texas Penal Code, Section 37.14.
  35. Falsely Holding Oneself Out as a Lawyer is felony in the third degree. Pretending to be an attorney in a state in which a person is not licensed to be an attorney is a crime punishable with up to ten  years in prison.  Texas Penal Code, Section 38.122.
  36. False Statement to Obtain Property  is a felony.  Making a false statement to get a line of credit or a mortgage is a felony, if the value of the credit line is $1,500 or more. Texas Penal Code 32.32.
  37. Firearm Smuggling  is a felony.  Knowingly engaging in the business of transpiring a firearm that was illegally obtained is a felony in the third degree.  Texas Penal Code,  Section 46.14.
  38.  Forgery is a felony in many circumstances.  Altering a writing or document to make it appear as the original is the act of forgery and is illegal.  If the item forged is a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument, then the forgery is a state jail felony.  If the forged item is a stamp, money, or a security, then the act is a third degree felony.
  39. Fraudulent Destruction, Removal or Concealment of Writing  is in some circumstances a felony.  If a person destroys, removes or alters a writing, for the purpose of defrauding or harming another, this act is a felony crime only if the document changed is a will, a mortgage, a deed, or a public record.
  40. Fraudulent filing of Financing Statement is a felony in most circumstances.  This is the act of filing a financial statement that is forged.  Texas Penal Code, Section 37.101.
  41. Funeral Service Disruption is a Class B Misdemeanor.  Texas Penal Code, Section 42.055.
  42.  Graffiti is sometimes a felony.  If a person makes markings on any tangible property, and such markings cause damages which exceed $1,500, then the act is a felony.  Texas Penal Code 28.08.
  43. Hacking a Computer is a felony (formally called “Unlawful Access to Stored Communications”).  If a person gets or changes, or prevents access to electronic information for the benefit or harm of another, such action is a considered a state jail felony. Section 16.04 of Texas Penal Code.
  44. Harassment of a Public Servant is a felony.  Intentionally causing a police officer to contact one’s own blood, bodily fluid, spit or urine is a felony in the third degree (up to 10 years in prison).  This crime is commonly charged in Texas.
  45. Hindering Apprehension or Prosecution is a felony in certain circumstances.  Helping to hide a person that the police are trying to arrest is a felony if the helper is also in the process of being under arrest.  Texas Penal Code, Section 38.05.
  46. Hindering Secured Creditors  is a felony in certain circumstances.  If a person has a mortgage, and the mortgage company moves to foreclose on the house, the person cannot destroy the house to stop the mortgage company from getting anything during the foreclosure.  If a person damages the house, and the damage is $1,500 or more, then this act is a felony. Texas Penal Code 32.33.
  47. Illegal Giving of Information is a felony (formally called “Illegal Divulgence of Public Communications”). The act of providing electronic communication to the public, which includes confidential information originally meant for a different person to view, is a felony ONLY if the communication was originally encrypted or scrambled by radio.  Otherwise such giving of information is a misdemeanor in Texas.
  48. Impersonating Public Servant is a felony in the third degree (up to 10 years). Impersonating a public servant with the intent to induce another to submit to his pretended authority is a felony.  Texas Penal Code, Section 37.11.
  49. Improper Contact With Victim is a felony in certain circumstances.  A person commits improper contact with a victim if the criminal is in jail, and then contacts a victim of his crime.  Such crime is a felony if the victim was under 17 years old at the time of the offense.  Texas Penal Code, Section 38.111.
  50. Improper Photography or Visual Recording is a felony.  If a person videotapes, or transmits the visual image of another without the person’s consent and such image is taken for sexual pleasure, the action is a state jail felony (up to 2 years in prison). Section 21.15 Texas Penal Code.  Criminal Defense Attorneys, this law may be void for vagueness.
    Need a San Antonio Felony Lawyer? Call us (210) 271-2800.
  51. Improper Relationship Between Educator and Student is a felony.  If a teacher engages in any sexual act with a student, such action is a felony in the second degree (up to twenty years in prison).
  52. Indecency with a Child is a felony crime.  If a person engages in any sexual act with a child under 17 years of age, the crime is a second or third degree felony, depending on the facts of the abuse.
  53. Injury to a Child, Elderly or Disabled Person is a felony.   If a person causes serious bodily injury or mental impairment  to a child, elderly person or disabled person, then such act is a crime in the second or third degree, depending on the facts of the case.  Texas Penal Code, Section 22.04.
  54. Incest, formally called “Prohibited Sexual Conduct” is a felony.   Texas Penal Code Section 25.02.
  55. Insurance Fraud is a felony, if the value taken is $1,500 or higher.  Filing a fraudulent claim for insurance is a felony at the state jail level, if the value claimed is between $1,500 and $20,000.  Insurance Fraud is felony in the third degree if the value claimed by the insured is between $20,000 and $100,000.  It is a felony in the 2nd degree if the value is between $100,000 and $200,000.  Finally, it is a felony in the first degree if the value exceeds $200,000.  Texas Penal Code, Section 35.02.
  56. Interference With Child Custody is a felony.   Taking a child in a manner that violated a court order is a state jail felony (up to 2 years in the state jail).
  57. Interference with Emergency Telephone Call is a Class A misdemeanor crime, but on second conviction, it is indeed a felony.  This is the act of knowingly preventing someone’s ability to place an emergency telephone call.  Texas Penal Code, Section 42.062.
  58. Interference with Police Service Animals is a misdemeanor in most cases.  It is a crime to taunt or inhibit a police dog.    Texas Penal Code, Section 38.151.   Similarly, enticing a child to leave a parent’s care that a custody order sets out is also a state jail felony.  Section 25.03 Texas Penal Code.
  59. Interference with Police Service Animals is a misdemeanor in most cases.  It is a crime to taunt or inhibit a police dog.    Texas Penal Code, Section 38.151.
  60. Interference with Railroad Property can be a felony.  If a person throws an object at a train, shoots a train, enters a train,or obstructs a train path, all of these actions can be considered and charged as felonies, depending on the amount of damages.  If the damages are $1,500 or more, then this act is a felony.    Texas Penal Code 28.07.
  61. Intoxication Assault is a felony in the third degree.  If a person causes serious bodily injury to another while operating a motor vehicle, and the person is intoxicated, such act is a third degree felony (up to 10 years prison)   Texas Penal Code, Section 49.07.
  62. Intoxication Manslaughter is a felony of the second degree.  If a person accidentally kills another because of an accident that occurs whild the person is driving while intoxicated, such act is a felony that can result in up to 20 years of prison time.  Texas Penal Code, Section 49.08
  63. Kidnapping is a felony.  If a person not only restrains but actually abducts another person, and takes the person to a different location, then this act is a felony in the third degree (the kidnapper will face up to 10 years in prison).  Section 20.03 Texas Penal Code.  However, if the kidnapper takes a person for a ransom, uses the person as a shield, uses the person to commit a felony, hurts the person physically or terrorizes the person, this action is a felony in the second degree (a defendant will face up to 20 years in prison).
  64. Manufacture, Possession or Delivery of Unlawful Telecommunications Device is a third degree felony (informally can be referred to as unlawful telephone device).  It is illegal to make a telephone or similar device to conceal the origin of telephone calls.
  65. Medicaid Fraud is a felony if the value of services taken are worth $1,500 or more.  Medicaid fraud is making a false statement or representation in order to receive a benefit or payment from the medicaid program.  Similarly, concealing information from medicaid in order to receive benefits is Medicaid Fraud.    Texas Penal Code, Section 35A.02.
  66. Misuse of Official Information is generally a felony.  If a public servant gets information because of his access to the same due to the public servant job, and uses the information to get or help someone else get a pecuniary interest in property, or other asset, such act is a felony in the third degree.  Texas Penal Code, Section 39.06.
  67. Money Laundering is a felony.  A person commits the crime of money laundering if the person takes the proceeds of criminal activity and  hides the proceeds by investing them or expending them in a way to conceal the existence of the proceeds.  Such felony is  subject to 2 years in the State jail, if the value of the laundering is between $1,500  and $20,000.  If the value of the money laundered is between $20,000 and $100,000, the felony is a third degree felony (up to 10 years in prison).  If the value of the money laundered is between $100,000 and $200,000, the felony is of the second degree (up to 20 years in prison).  And, if the value exceeds $200,000, the felony is of the first degree (up to life in prison).    The   Texas Penal Code Section 34.02.
  68. Murder  (also called “Criminal Homicide) is a felony.  Any time a person causes the death of another, the action is considered a felony crime.  If there is a legitimate self-defense argument, the defendant may not be charged, and if charged, may not be found guilty.  Murder is generally considered a felony in the first degree, meaning a person can face life in prison for the offense.  However, if the person committed the murder in a sudden rage of passion (unplanned and suddenly provoked murder), then the felony is a second degree felony only and the defendant would face up to 20 years in prison.  Finally, if the murder is committed while the defendant is committing another crime, such as rape, burglary, robbery, arson or rape, then this is a capital first degree crime wherein the defendant can face death.  Similarly, if the defendant killed a police officer, then the defendant can face punishment by death.  On the other end of the spectrum, if the person only negligently killed another, then the crime may be considered only a state jail felony, wherein the maximum punishment is 2 years.  Murder, as you can see, is always a felony.  The question as to punishment depends on the specific facts of the murder.
  69. Obstruction or Retaliation is a felony.  It is a third degree felony crime to harm or threaten a witness or a public servant.  Texas Penal Code, Section 36.06.
  70. Permitting or Facilitating Escape is a felony in certain circumstances.  Helping someone escape from jail is a felony if the helper is aiding a felony escape, or if the helper uses a deadly weapon to help.   Texas Penal Code, Section 38.07.
  71. Violating the Places Weapons Prohibited  statute is a third degree felony (2-10 years prison).   A person may not carry a weapon: at a school, at a polling place, at court, at a racetrack,  into a secure area of an airport, or in other certain areas.  Texas Penal Code, Section 46.03.
  72. Violating the Prohibited Weapons statute can be a state jail felony or a third degree felony (up to 10 years prison).  The following weapons are prohibited:  1) explosive weapons, machine guns, short-barrel firearms, firearm silencers, switchblade knifes, knuckles, armor-piercing ammunition., chemical dispensing devices, zip guns, and tire deflation devices.
  73. Resisting Arrest is a felony in certain circumstances.  Intentionally preventing an officer from conducting his duties is a felony if the resisting party uses a deadly weapon.  Texas Penal Code, Section 38.03.
  74. Robbery is a felony in the second degree (up to 20 years prison). If a person causes bodily injury to another person while committing theft, then the act is a felony.  Texas Penal Code 29.02
  75. Sale or Purchase of Child is a felony.  However, if the payment is not to buy a child but to legally assist in a pregnancy, such use of funds is not a a crime. If the sale or purchase of child is to have the child engage in a labor or service, then the felony is a second degree crime, but if not, then the felony is a third degree crime (up to 10 years in prison). Section 25.08 Texas Penal Code.
  76. Securing Execution of Document by Deception is a felony in certain circumstances.  If a person intentionally defrauds another by causing another to execute a document affecting property, service or value, or causes a public servant to file a record, such act is considered a felony so long as the value of the defrauded thing is $1,500 or greater.
  77. Sexual Abuse, of Child, Continuous (“continuous sexual abuse of child”) is a felony.  If the abuser is 17 or older, and the child is 14 or younger, the abuser faces a first degree felony and up to life in prison.  Texas Penal Code 21.02
  78. Sexual Assault (informally called “rape”) is a felony.  If a person intentionally or knowingly forces sex or oral sex on another person, such act is a felony in the second or third degree, depending on the facts of the rape and the age of the victim. Texas Penal Code 22.011.
  79. Simulating Legal Process is a state jail felony if the defendant has committed the act in the past.  If a person delivers any documents that simulates a subpoena, complain, judgment or court process, the act is a felony crime if they person has committed the same crime in the past.  Otherwise, the act is a misdemeanor.
  80. Solicitation is a Felony.  If a person requests, commands or induces another to commit a first degree felony, then the act of requesting/commanding/inducing itself is the felony of solicitation.  Solicitation is not commonly charged against defendants in Texas.
  81. Smuggling a Person is a felony.   If a person uses a car, plane or boat to take an individual for the purpose of hiding the individual from the police, to flee from the police, to get money or to cause bodily harm, then this action is a felony in the second degree (defendant will face up to 20 years in prison).  Section 20.05 Texas Penal Code.
    Need a San Antonio Felony Lawyer? Call us (210) 271-2800.
  82. Stalking is a felony in the third degree (up to 10 years prison).  On second conviction, it is a felony of the second degree (up to 20 years).  Stalking is the act of engaging in conduct that the other person will regard as threatening of bodily injury or death, or threatening the same against the victim’s family member or property. Texas Penal Code, Section 42.072.
  83. Taking or Attempting to Take a Weapon from an Officer is felony.  A person commits this felony if the person takes, or attempts to take a weapon from an officer.  If the person succeeds in taking the weapon, the felony is one of the third degree (up to 10 years prison).  If the person only attempts to take the weapon, then the felony is a state jail felony.  Texas Penal Code, Section 38.14.
  84. Tampering with a Consumer Product is a felony.  If a person changes any consumer good, including food, that is offered for sale, the tampering is a felony in the third degree (up to 10 years in prison).  But, if a person changes the consumer good, and the change results in serious bodily injury, the tampering is a felony in the second degree (up to 20 years in prison). Section 22.09 Texas Penal Code.
  85. Tampering With Governmental Record can be a felony or misdemeanor depending on the specific facts of the case.  Tampering with Governmental Records is the act of knowingly making false entries in or altercations to governmental records.  Texas Penal Code, Section. 37.10.
  86. Tampering with Physical Evidence is a felony.  Altering evidence during an investigation is a felony in the third degree.   However, if the tampering is of a corpse, the felony is of the second degree.  Texas Penal Code, Section 37.09.
  87. Tampering with a Witness is a third degree felony (up to 10 years prison).  A person commits the crime of Tampering with a Witness if the person coerces or agrees to offer a benefit to the witness in order that the witness testify falsely, withhold testimony, avoid a legal summoning, or delay a prosecution.
  88. Terroristic Threat is a felony in limited circumstances.   If a person threatens an official, and such threat results in any reaction by the official, this is considered a “terroristic threat.  If a person places another in imminent fear of serious bodily harm, similarly this is considered a terroristic threat.  Preventing the occupation of a building, by some threat, or impairing public transportation or communication by a threat, is considered “terroristic threat”.  In more egregious circumstances, where the public is effected, or the damages are high, the threat is a felony ranging from state jail to third degree .  Section 22.07 Texas Penal Code.
  89. Theft is sometimes a felony.  If a person steals something with a value of $1,500 or more, then the act is a felony.   If the value of the item stolen is between $1500 and $20,000, the offense is a state jail felony.  If the value is between $20,000 and $100,000, then the offense is a third degree felony (up to 10 years).  If the value of the stolen item is over $100,000, then the felony is one of second degree (up to 20 years in prison).  And finally, if the value exceeds $200,000, then the theft is a first degree felony.   Texas Penal Code 31.03.
  90. Theft of Service is a felony if the value of the service stolen is more than $1,500.   Receiving services, such as legal help, construction or medical attention, without paying is a form of theft.  If the value of the service rendered is between $1,500 and $20,000, the felony is a state jail felony (up to 2 years jail).  If the value of the service is between $20,00o and $100,000, the felony is a third degree (up to 10 years prison).  If the value of the service is between $100,000 and $200,000, the felony is of the second degree (up to 20 years prison).  And, if the value of the services stolen is over $200,000 the felony is a first degree crime.
  91. Theft of Telecommunications Service (informally, “theft of telephone service”) is a felony in certain circumstances.  Stealing a telephone service is a felony, if the value stolen is $1,500 or more. Texas Penal Code. Sec. 33A.04.
  92. Theft of Trade Secret is a felony in the third degree (up to 10 years prison).  Stealing or copying part or all of any scientific or technical information, design, process, procedure, formula or improvement that has a value is a felony.  Texas Penal Code 31.05.
  93. Trademark Counterfeiting is a felony in some circumstances. If a person copies another company’s identity to sell its own goods, the act is a felony if the value of the good the person is attempting to sell are worth more than $1,500.
  94. Trafficking of Persons is a felony.  It is a felony crime to take a person in order to have the person become engaged in forced labor or service of any kind.  If the person is a child, the felony is crime in the first degree (life in prison).  If the forced labor is particularly egregious, such as forced prostitution, the felony is also a crime in the first degree, regardless of age.  Otherwise, trafficking of person is a felony in the second degree (up to 20 years in prison).  Section 20A.02 Texas Penal Code.
  95. Unauthorized Absence from Community Corrections Facility is a state jail felony.   If a person is ordered to report to a community service assignment or correctional program and fails to appear, such failure is a felony. Texas Penal Code, Section 38.113.
  96. Unauthorized Practice of Law is a felony, if the person has been convicted of the same crime before.  Contracting with a person to help with a  personal injury case or other type of lawsuit, when the person is not a lawyer is a felony, if it has happened more than one time.  Texas Penal code, Section 38.123.
  97. Unauthorized Use of Telecommunications Service (informally can be referred to as unlawful use of telephone service) is a felony in certain circumstances.  Using a telecommunications service for a benefit other than the one legally delegated to the service, is a felony, if the benefit taken from the service is $1,500 or higher.  Texas Penal Code 33A.02
  98. Unlawful Carrying of a Handgun by a License Holder is a felony in certain circumstances.  A license holder may not carry a handgun in certain locations including a liquor store, school, jail, or hospital.   Generally this offense is a Class A misdemeanor, but carrying the weapon to a jail is a third degree felony. Texas Penal Code, Section 46.035.
  99. Unauthorized Practice of Law is a third degree felony.  If you are not a lawyer, and you help someone settle a personal injury claim for your own economic benefit, you have committed a felony.   Texas Penal Code, Section 38.123.
  100. Unlawful Possession of Firearm  is a felony.  A person who has been convicted of a felony may not possess a firearm.  Texas Penal Code, Section 46.04.
  101. Unlawful Restraint is a felony.  The act of restraining another is a felony if the restrained  person was either under the age of 17 or exposed by the restrainer to substantial risk of harm, or if the restrained person is a police officer.  Section 20.02 of the Texas Penal Code.
  102. Violations of the Civil Rights of Person in Custody.  It is a crime for a prison employee to impede a prisoner’s right to the privileges and immunities permitted by law.  It is a felony crime for a prison employee to engage in sexual contact with a prisoner.  Texas Penal Code, Section 39.04.
  103. Violation of a Protective Order is a felony if it happens more than once.  In family violence cases, victims are given protective orders so that the offender cannot make contact with the victim.  If a person violates the protective order, and also has a conviction for violating a protective order in the past, then this act is a felony.

List of Crimes, Not Considered Felonies.

Not all Texas Misdemeanors are listed here.  Many are listed however, for purposes of giving the reader a wide understanding of the different examples of crimes that are not serious enough to be considered felonies.

  1. Abuse of a Corpse is a Class A misdemeanor.  This crime involves the act of disturbing, damaging, concealing,  selling or vandalizing a human corpse.  Texas Penal Code, Section 42.08.
  2. Abuse of Official Capacity is a felony in certain circumstances.  A public servant commits this crime is the servant intends on getting a benefit by violating a law relating to public service or  misuses governmental property.  If the value of the misuse is less than $1,500, the act is a misdemeanor.  Texas Penal Code, Section 39.02.
  3. Advertising for Placement of Child is a Class A misdemeanor, and not a felony.  Unless the advertising agency is a licensed child placement entity, an advertisement that a parent will put their child up for adoption or will adopt a child is illegal.  Texas Penal Code 25.09.
  4. Aiding Suicide is a misdemeanor in certain circumstances.  If a person assists another in committing suicide, and the assistance does not result in suicide or serious injury, then such act of assistance is a Texas Class C misdemeanor (essentially considered as serious as a traffic ticket).
  5. Assault is a misdemeanor, and not a felony, under certain circumstances.  If a person assaults a family member for the first time, then such action is a Class A misdemeanor (up to 1 year in jail).   If a person assaults a stranger or non-family member, then the act is considered a Class B misdemeanor (up to 6 months in jail)
  6. Attack on Assistance Animal is a misdemeanor in certain circumstances.  If a person causes an injury to an assistance animal, then the act is a state jail felony.  F a person kills an assistance animal, then the act is a third degree felony. However, if the person simply attacks the animal, then the crime is a misdemeanor.  Texas Penal Code Section 42.091
  7. Bail Jumping and Failure Appear is a misdemeanor in certain circumstances.  If the person was set to appear in court for a misdemeanor charge, then failure to appear is a Class A misdemeanor.  Texas Penal Code, Section 38.10.
  8. Barraty is a misdemeanor in certain circumstances.  Barraty is the act of soliciting employment on the telephone or in person as a lawyer, doctor, or other certain professional person.  Barraty is a misdemeanor if the actor permits someone else to distribute a solicitation in violation of the barratry statute, but does not fund it directly.  Texas Penal Code, Section 38.12.
  9. Boating While Intoxicated is a Class B misdemeanor.  Texas Penal Code, Section 49.06.
  10. Bouncing a Check (theft by Check) is considered a misdemeanor if the amount of the check less than $1,500.
  11. Burglary of a Vehicle is most often a misdemeanor.  Entering a vehicle, or stealing gas from a vehicle is a misdemeanor, so long as the person has not committed the same crime twice in the past.
  12. Contraband in a Correctional Facility is a misdemeanor, and not a felony.  Texas, Penal Code, Section 38.114.  Providing contraband to an inmate is a Class C misdemeanor (as serious as a traffic ticket).
  13. Criminal Mischief is a misdemeanor in certain circumstances.  If a person causes damages to tangible property of $1,499 or less, then the offense is a misdemeanor.  Texas Penal Code 28.03
  14. Criminal Simulation is a misdemeanor, and not a felony.  The act of altering an object with intent to make it appear as another thing of higher value is a crime, but is only a Class A misdemeanor. Texas Penal Code 32.22.
  15. Criminal Trespass is a misdemeanor and not a felony.  A person commits this offense if the person enters a property after being told entry was forbidden. Texas Penal Code 30.05.
  16. Cruelty to Livestock Animals, is a felony if the person has previously been convicted of the crime two times.  Otherwise, cruelty to animals is a misdemeanor offense.  this crime includes:  torturing livestock, failing to provide necessary food water or care for livestock, abandoning livestock, transporting livestock in a cruel manner, administering poison to livestock, using livestock to fight with another livestock animal or using it to lure a dog in a race, tripping a horse, overworking a livestock animal Texas Penal Code, Section 42.09.
  17. Deadly Conduct is a misdemeanor under certain circumstances.  A person commits the misdemeanor level offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.  A common example of deadly conduct is exposing the possession of a firearm to a stranger during a road rage confrontation.
  18. Driving While Intoxicated is a misdemeanor, unless the person has been convicted more than 2 times in which case, the act is a felony. Driving while intoxicated is the act of driving while a person has introduced enough alcohol into the body that the person does not have his normal coordination or mental ability.  Or, Driving while intoxicated is driving while the person has a blood alcohol content level of .08 or more. Texas Penal Code, Section 49.04. 
    Need a San Antonio Misdemeanor Lawyer? Call us (210) 271-2800.
  19. Destruction of Flag is a misdemeanor.  Destroying a flag for Texas or for the United States is a misdemeanor crime in Texas.
  20. Disorderly Conduct is a misdemeanor offense.   Disorderly conduct includes a wide array of behavior such as cursing in public, making offensive gestures in public, creating noxious odor in public, or threatening someone in an obviously offensive manner.   All such behaviors amount to Class B misdemeanors. Texas Penal Code, Section 42.01.  Evading Arrest is a misdemeanor in certain circumstances. Evading arrest is the act of fleeing from an officer who is attempting to arrest the evader.  Texas Penal Code, Section 38.04.  So long as the evader does not use a vehicle to flee, and has not been convicted before, the act is a misdemeanor.
  21. Dog Fighting is a Class A misdemeanor.  It is illegal to cause a dog to fight with another dog.  It is illegal to facilitate a building for such fight or to make money on a dog fight.  Texas Penal Code, Section 42.10
  22. Failure to Report a Felony is a misdemeanor crime.  If a person observes a felony occur, and it is the type of felony that results in serious bodily injury or death, then failing to report the crime to police is a crime in and of itself.  Texas Penal Code, Section 38.171.
  23. Failure to Stop or Report Aggravated Sexual Assault of a Child is a misdemeanor, and is not a felony. If a person sees the commission of or attempted commission of an aggravated sexual assault, the failure to report this act, is a Class A misdemeanor (up to a year county jail). Texas Penal Code, Section 38.17.
  24. False Alarm or Report is a misdemeanor unless the false report involves a public school, in which case the false alarm is a felony.  Causing an official to deal with a false emergency is one meaning of “false alarm”. Texas Penal Code, Section 42.06.
  25. False Identification as Police Officer is a Class B misdemeanor (up to 6 month jail).  Texas Penal Code, Section 37.12.  Providing another person with an I.D., badge or otherwise which represents that the presenter is a police officer, when he is not, is a misdemeanor.
  26. False Report to a Peace Officer is a Misdemeanor.     “A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation” to the police. Texas Penal Code, Section 37.08.
  27.  False Report Regarding Missing Child or Person is a Class C misdemeanor, and not a felony.  Texas Penal Code, Section 37.081.  Knowingly but falsely reporting a missing person to the police is a Class C misdemeanor (as serious as a traffic ticket).
  28. False Statement to Obtain Property  is a misdemeanor in certain circumstances.  Making a false statement to get a line of credit or a mortgage is a misdemeanor, if the value of the credit line is less than $1,500. Texas Penal Code 32.32.
  29. Flying While Intoxicated is a Class B misdemeanor.  Texas Penal Code, Section 49.05.
  30. Forgery is a misdemeanor in many circumstances.  Altering a writing or document to make it appear as the original is the act of forgery and is illegal.  If the item forged is NOT, however  a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release,  other commercial instrument, a stamp, money, or a security, then likely the forgery is a misdemeanor and not a felony.
  31. Fraudulent Destruction, Removal or Concealment of Writing  is in some circumstances a misdemeanor.  If a person destroys, removes or alters a writing, for the purpose of defrauding or harming another, this act is a misdemeanor crime so long as the document altered is NOT a will, a mortgage, a deed, or a public record.
  32. Gambling is a Class C misdemeanor.  This is the act of making a bet on the result of a game, political nomination, or plays and bet for money with any game involving, dice or balls.  Texas Penal Code, Section 47.02.
  33. Gambling Promotion is a Class A misdemeanor (up to 1 year in jail).  Texas Penal Code, Section 47.03. Working at a gambling place or facilitating any gambling is a misdemeanor crime.
  34. Gift to a Public Servant by a Person Subject to His Jurisdiction is a Class A misdemeanor..  Public servants may not accept any benefit from a person within’s the servant’s jurisdiction.  Texas Penal Code, Section 36.08.
  35. Graffiti is sometimes a misdemeanor and not a felony.  If a person makes markings on any tangible property, and such markings cause damages which are less than $1,500 in cost, then the act is a misdemeanor.  Texas Penal Code 28.08.
  36. Harboring a Runaway Child is a misdemeanor.  If a child runs away, whether from his own parents or from a correctional facility, it is a Class A misdemeanor to keep the child.
  37. Harassment is a misdemeanor crime.  Harassment is when a person intentionally annoys, alarms, abuses, torments or embarrasses another by telephone, written communication, or other manner.  Texas Penal Code, Section 42.07.
  38. Hindering Apprehension or Prosecution is generally a misdemeanor.  Helping to hide a person that the police are trying to arrest is a misdemeanor.   Texas Penal Code, Section 38.05.
  39. Hindering Proceedings By Disorderly Conduct is a misdemeanor.  Recklessly preventing an official with noise or tumultuous disturbance after the official requests the actor to stop is a misdemeanor crime.   Texas Penal Code, Section 38.13.
  40. Hindering Secured Creditors  is a misdameanor in certain circumstances.  If a person has a mortgage, and the mortgage company moves to foreclose on the house, the person cannot destroy the house to stop the mortgage company from getting anything during the foreclosure.  If a person damages the house, and the damage is less than $1,500, then this act is a misdemeanor crime. Texas Penal Code 32.33.
  41. Hoax Bombs are misdemeanors.  Causing someone else to believe a fake bomb is real is a misdemeanor offense.
  42. Homosexual Conduct WAS considered a misdemeanor in Texas until this Texas Law was declared unconstitutional.
  43. Implements for Escape is a felony in the second degree (up to 20 years in prison). A person commits this offense if with intent to help someone escape from jail, the person provides an inmate with a tool or weapon that will help the inmate to escape.    Texas, Penal Cod 38.09
    Need a San Antonio Misdemeanor Lawyer? Call us (210) 271-2800.
  44. Improper Contact With Victim is a misdemeanor. A person commits improper contact with a victim if the criminal is in jail, and then contacts a victim of his crime.  Such crime is a felony only if the victim was under 17 years old at the time of the offense.  Texas Penal Code, Section 38.111.Improper Influence is a Class A misdemeanor (up to 1 year in jail). Improper Influence is the act of presenting an argument or communication to a public servant, who will exercise influence in a relevant proceeding, with the intent to influence the outcome of the proceeding on some basis other than that which is authorized by law.  Texas Penal Code, Section 36.04.
  45. Indecent Exposure is not considered a felony in Texas.  Exposing one’s private parts for purpose of sexual pleasure is not a felony but is a Class B misdemeanor in Texas wherein a person can face up to 6 months in jail. Section 21.08 Texas Penal Code.
  46. Insurance Fraud is a misdemeanor crime, if the value taken is less than $1,500.    Texas Penal Code, Section 35.02.
  47. Interference with Emergency Telephone Call is a Class A misdemeanor crime, but on second conviction, it is indeed a felony.  This is the act of knowingly preventing someone’s ability to place an emergency telephone call.  Texas Penal Code, Section 42.062.
  48. Interference with Police Service Animals is a misdemeanor in most cases.  It is a crime to taunt or inhibit a police dog.    Texas Penal Code, Section 38.151.
  49. Interference with Railroad Property can be a misdemeanor.  If a person throws an object at a train, shoots a train, enters a train,or obstructs a train path, all of these actions can be considered and charged as misdemeanors, depending on the amount of damages.  If the damages are $1,499 or less, then this act is a misdemeanor.    Texas Penal Code 28.07.
  50. Leaving a Child in a Vehicle is a misdemeanor.  If a person leaves a child in a car along for longer than five minutes, the act is a Class C misdemeanor (considered as serious as a traffic ticket).  However if the act endangers the child’s health because it is too warm or too cold in the vehicle, the act may be considered endangering a child, which is a felony (as stated above).
  51. Making a Firearm Accessible to a Child is a misdemeanor crime.  If a person enables a child to get a loaded weapon, and then the child discharges that weapon, the crime is a Class A misdemeanor.  If the child obtains the weapon, but does not discharge it, the enabler has committed a Class C misdemeanor.  Texas Penal Code, Section 46.13.
  52. Medicaid Fraud is a misdemeanor if the value of services taken are worth less than $1,500.  Medicaid fraud is making a false statement or representation in order to receive a benefit or payment from the medicaid program.  Similarly, concealing information from medicaid in order to receive benefits is Medicaid Fraud.    Texas Penal Code, Section 35A.02.
  53. Obstructing Highway or Other Passageway is a Class B misdemeanor (up to 6 months jail).    Obstructing a highway is the act of interrupting a street or road, or even an elevator that is public.  Texas Penal Code,  Section 42.03.
  54. Perjury is a misdemeanor crime.   If a person makes a false statement under oath, such act is a crime (subject to a year in jail).   Texas Penal Code, Section 37.02.
  55. Permitting or Facilitating Escape is a misdemeanor in certain circumstances.  Helping someone escape from jail is a misdemeanor so long as the “helper” is not helping a felon, and does not use a weapon. Texas Penal Code, Section 38.07.
  56. Possession of Alcoholic Beverage in Motor Vehicle is a Class C misdemeanor.  A person cannot have an open container in a vehicle. Texas Penal Code, Section 49.031.
  57. Prohibited Substance and Items in Correctional Facility is a third degree felony. Having a deadly weapon, a cell phone, drugs or alcohol, cigarettes in a jail or prison is a felony. Texas Penal Code, Section 38.11.
  58. Public Intoxication is a Class C misdemeanor.   A person cannot appear in public while being so intoxicated that the person is a danger to himself or another person.   Texas Penal Code, Section 49.02.  Public Lewdness is not a felony, but is a Class A misdemeanor.  If a person engages in sexual activity in public, such act is not a felony, but is the most serious level of misdemeanor (person can face up to a year in jail).
  59. Record of a Fraudulent Court is a misdemeanor.  It is a crime to present a document that purports to be from a court, but is forged.  Texas Penal Code, Section 37.13.
  60. Resisting Arrest is a misdemeanor in most circumstances.  Intentionally preventing an officer from conducting his duties is a misdemeanor so long as the resisting party does not use a deadly weapon.  Texas Penal Code, Section 38.03.
  61. Rioting is a Class B misdemeanor.  Rioting is the gathering or seven or more people which results in immediate danger to others or to property, or results in obstructing law enforcement.    Texas Penal Code Section 42.02 Securing Execution of Document by Deception is a misdemeanor in certain circumstances.  If a person intentionally defrauds another by causing another to execute a document affecting property, service or value, or causes a public servant to file a record, such act is considered a misdemeanor crime so long as the value of the defrauded thing in interest is less than $1,500.
  62. Silent or Abusive Calls to 911 Service is a Class B misdemeanor (up to 6 months jail).  Calling 911 without an emergency, or making harassing statements to a 911 operator is a crime, however the act is not a felony offense.  Texas Penal Code, Section 42.061.
  63. Simulating Legal Process is a misdemeanor.  If a person delivers any documents that simulates a subpoena, complain, judgment or court process, the act is a Class A misdemeanor crime, so long as the defendant has never committed the same crime in the past.
  64. Smoking Tobacco is a Class C misdemeanor. Smoking tobacco in a school, elevator, library or other public place is a misdemeanor crime. Texas Penal Code, Section 48.01.
  65. Stealing a Check is a Misdemeanor.  If a person takes an unsigned check with intent to use it in anyway, the person has committed a Class A Misdemeanor (up to 1 year jail). Texas Penal Code 32.24
  66. Tampering With Governmental Record can be a felony or misdemeanor depending on the specific facts of the case.  Tampering with Governmental Records is the act of knowingly making false entries in or altercations to governmental records.  Texas Penal Code, Section. 37.10.
  67. Terroristic Threat is a misdemeanor in most circumstances.  See above for explanation of terroristic threat.  The most common example of this crime is calling a school and telling them that there is a bomb in the building.  Section 22.07 Texas Penal Code.
  68. Theft is sometimes charged as a misdemeanor. If a person steals something with a value of less than $1,500, then the offense is a misdemeanor.   Theft is very commonly charged against defendants in Texas and in San Antonio.  Texas Penal Code 31.03
  69. Theft of Service is charged as a misdemeanor if the value of the service stolen is less than $1,500.
  70. Theft of Telecommunications Service (informally, “theft of telephone service”) is a misdemeanor in certain circumstances.  Stealing a telephone service is a misdemeanor, if the value stolen is less than $1,500. Texas Penal Code. Sec. 33A.04.
  71. Trademark Counterfeiting is a misdemeanor and not a felony in some circumstances. If a person copies another company’s identity to sell its own goods, the act is a misdemeanor if the value of the good the person is attempting to sell are worth less than $1,500.
  72. Unauthorized Practice of Law is a misdemeanor. Contracting with a person to help with a  personal injury case or other type of lawsuit, when the person is not a lawyer is a felony only if it has happened more than one time.  Texas Penal code, Section 38.123.
  73. Unauthorized Use of Telecommunications Service is a misdemeanor in certain circumstances.  Using a telecommunications service for a benefit other than the one legally delegated to the service, is a misdemeanor, if the benefit taken from the service is less than $1,500.  Texas Penal Code 33A.02
  74. Unlawful Carrying of a Handgun by a License Holder is a misdemeanor.  A license holder may not carry a handgun in certain locations including a liquor store, school, jail, or hospital.   Generally this offense is a Class A misdemeanor. Texas Penal Code, Section 46.035.
  75. Unlawful carrying of a weapon is a misdemeanor.  Carrying a handgun, illegal knife or club is illegal unless the carrier is on his or her own property, inside or or in route to a motor vehicle that is owned by the person Texas Penal Code, Section 46.02.
  76. Unlawful Restraint is NOT a felony if the restrained person is not exposed to bodily injury, is older than 17 and is not a police officer.  In this case, unlawful restrain is a misdemeanor.
  77. Use of Tracking Device is not a felony (formally called “unlawful installation of tracking device”). Putting any device that is able to emit a signal to track a person’s location is a crime, unless done legally by the police.  However, the crime is only a misdemeanor.
  78. Violations of the Civil Rights of Person in Custody.  It is a misdemeanor crime for a prison employee to impede a prisoner’s right to the privileges and immunities permitted by law. Texas Penal Code, Section 39.04.
  79. Violation of a Protective Order is a misdemeanor for first time offenders.

References For Finding Out What a Felony is

What is a Felony?

What is a Felony According to Nolo

Wikipedia

WikiAnswers

 

[recentreviews city="San Antonio" state="Tx" count="10" zoomlevel="9"]