Texas is one of the most active states in the country when it comes to criminal prosecution, with hundreds of thousands of arrests recorded every single year. Understanding the common criminal charges in Texas helps everyday people protect their rights, spot potential legal traps, and make smarter decisions if they ever find themselves in a tough spot.
Texas Crime by the Numbers: What the Data Actually Shows
When someone gets arrested in Texas, the charge is most often tied to one of five categories: drug offenses, theft, assault, burglary, or robbery. Understanding what each charge actually means and what it can cost a person legally is something every Texan should know before trouble ever shows up.
Drug Charges: Still the Most Relentlessly Prosecuted Offense
Drug-related offenses remain at the top of the list when it comes to prosecution volume in Texas. The state enforces strict laws under the Texas Controlled Substances Act, which categorizes substances into Penalty Groups 1 through 4. The group classification and the amount found on a person determine whether someone faces a misdemeanor or a first-degree felony.
|
Substance/Amount |
Charge Level |
Potential Penalty |
|
Marijuana under 2 oz |
Class B Misdemeanor | Up to 180 days in jail, $2,000 fine |
| Marijuana 4+ oz | State Jail Felony |
180 days to 2 years |
|
Cocaine under 1g |
State Jail Felony | 180 days to 2 years |
| Meth 1-4g | 3rd Degree Felony |
2 to 10 years |
|
Fentanyl/Heroin 1-4g |
2nd Degree Felony |
2 to 20 years |
For anyone facing a drug-related arrest, the details matter enormously, and defendants should read up on a defendant’s guide to drug crime penalties in Texas before their first court appearance. Texas does offer some diversion programs and drug courts for first-time, non-violent offenders, but eligibility is not guaranteed.
Theft and Larceny: The Highest-Volume Property Crime in Texas
Theft is the single most commonly reported crime across Texas, defined under Texas Penal Code Section 31.03 as unlawfully appropriating another person’s property with intent to deprive them of it. Larceny is the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it. In Texas, larceny is generally covered under the broader offense of theft rather than treated as a separate charge. The charge scales based on the value of what was stolen.
- Class C Misdemeanor: Property valued under $100 (fine only, no jail time)
- Class B Misdemeanor: $100 to $749
- Class A Misdemeanor: $750 to $2,499
- State Jail Felony: $2,500 to $29,999
- Third-Degree Felony: $30,000 to $149,999
- Second-Degree Felony: $150,000 to $299,999
- First-Degree Felony: $300,000 or more
Shoplifting, employee theft, identity theft, and motor vehicle theft all fall under this broad umbrella. The 22.8% spike in vehicle theft during 2023 is a sign that law enforcement is prioritizing these cases more aggressively, meaning people facing these charges are more likely to encounter a motivated prosecution.
Aggravated Assault: Texas’s Most Frequent Violent Charge
Aggravated assault is the third most common criminal charge in Texas, accounting for more than 118,000 arrests annually. Under Texas Penal Code Section 22.02, assault becomes “aggravated” when it involves serious bodily injury or when a deadly weapon is used or exhibited during the offense.
A standard assault charge (Class A misdemeanor) can escalate to a second-degree felony for aggravated assault, which carries two to twenty years in prison. If the assault involves a family member or a public servant or results in particularly severe injuries, it can jump to a first-degree felony with a range of five to ninety-nine years.
Texas courts do recognize self-defense as a legitimate defense strategy in assault cases, and the state’s Castle Doctrine and Stand Your Ground provisions allow people to use force when they reasonably believe it’s necessary to protect themselves through Your Guide to Stand Your Ground Laws in Texas. The difference between a justified use of force and an aggravated assault charge often comes down to how an attorney frames the circumstances.
Burglary
Burglary in Texas is defined under Texas Penal Code Section 30.02 and covers more situations than most people expect. It’s not just breaking into a house at night. Entering a building without the owner’s consent with intent to commit a felony, theft, or assault inside meets the legal definition.
- State Jail Felony: Entering a building (not a habitation) without consent to commit theft or misdemeanor
- Second-Degree Felony: Entering a habitation (home) with intent to commit theft or assault
- First-Degree Felony: Entering a habitation with intent to commit any other felony
Burglary of a vehicle is a separate, lower-level charge (Class A misdemeanor for a first offense), but it becomes a state jail felony for repeat offenders. The broad scope of what Texas classifies as burglary means someone could face a felony charge for something they may not have realized crossed a legal line.
Robbery
Robbery charges come into play when theft is combined with force, threats, or causing bodily injury. Texas Penal Code Section 29.02 classifies robbery as a second-degree felony, meaning a conviction carries two to twenty years. When someone uses or exhibits a deadly weapon during the robbery or causes serious bodily injury to another person, it becomes aggravated robbery, a first-degree felony.
What separates robbery from simple theft in Texas is intent and conduct at the time of the offense, not necessarily whether anyone got seriously hurt. Threatening someone during a theft is enough to trigger a robbery charge.
DWI Charges: A Charge Texas Takes Extremely Seriously
Driving While Intoxicated (DWI) is one of the most frequently filed charges in Texas courts. Under Texas Penal Code Section 49.04, a person is legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher or if they’ve lost the normal use of mental or physical faculties due to alcohol or drugs.
A first-offense DWI is typically a Class B misdemeanor, but penalties stack quickly:
- First Offense: Up to 180 days in jail, fines up to $2,000, license suspension
- Second Offense: Class A misdemeanor, up to one year in jail, fines up to $4,000
- Third Offense: Third-degree felony, two to ten years in prison, fines up to $10,000
- DWI with Child Passenger: State jail felony (regardless of prior record)
- Intoxication Assault / Manslaughter: Higher felony tiers
One of the immediate consequences many people overlook is what happens to their driver’s license, and protecting it requires fast action through How to Protect Your Driver’s License After a DWI Arrest in Texas, often within 15 days of the arrest. The National Highway Traffic Safety Administration consistently identifies Texas as one of the states with the highest DWI-related fatality rates, which is part of why prosecutors push hard on these cases.
Frequently Asked Questions
Q: What is the most common criminal charge filed in Texas?
Theft and larceny-related offenses are the most frequently filed criminal charges in Texas, with nearly 518,000 arrests annually.
Property crimes as a whole dominate Texas arrest statistics. Even with a 7.1% drop in 2023, it remains far and away the most common charge filed across Texas courts. Theft ranges from shoplifting to motor vehicle theft and covers a wide value scale that determines whether it’s a misdemeanor or felony.
Q: How serious is a first-time DWI charge in Texas?
A first-time DWI in Texas is a Class B misdemeanor, but it carries real consequences, including jail time, fines, and a license suspension.
Even a first offense can affect employment, insurance rates, and professional licensing. An ALR (Administrative License Revocation) hearing must be requested within 15 days of arrest to keep driving privileges active during the case.
Q: What’s the difference between robbery and burglary in Texas?
Robbery involves using force or threats to commit theft, while burglary involves unlawful entry into a structure with intent to commit a crime inside.
Both are felonies, but the circumstances and penalties differ significantly. Robbery requires a victim present; burglary does not. Aggravated versions of both charges carry the highest prison ranges under Texas law.
Q: Can a drug charge in Texas be expunged?
Certain drug charges in Texas can be expunged, but eligibility depends on how the case was resolved and whether the offense was a misdemeanor or felony.
Cases dismissed after deferred adjudication for misdemeanors may qualify for a nondisclosure order, though not a full expunction. Felony drug convictions are much harder to remove from a record and require specific legal grounds.
Q: What happens at a Texas criminal arraignment?
At a Texas arraignment, a defendant is formally read the charges against them and enters a plea of guilty, not guilty, or no contest.
Bail conditions are also addressed at this stage. The arraignment is typically the first formal court appearance after booking and is often where bail is set or reviewed by the judge.
Facing Criminal Charges in Texas? BRCK Criminal Defense Attorneys Can Help
Whether you’re facing a DWI, drug charge, theft accusation, assault allegation, or another criminal offense, the decisions you make early in your case can have a lasting impact. Texas prosecutors aggressively pursue criminal cases, and even a misdemeanor conviction can affect your freedom, finances, career, and future opportunities.
If you or someone you care about has been arrested or is under investigation, don’t wait to seek legal guidance. BRCK Criminal Defense Attorneys represents clients throughout Texas in misdemeanor and felony cases, providing strategic, personalized defense from the moment charges arise through the resolution of the case.
Contact BRCK Criminal Defense Attorneys today to schedule a confidential consultation. The sooner you have an experienced advocate on your side, the sooner you can begin protecting your rights, your record, and your future.