Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $2,000
Class C misdemeanorup to $500
For details, see Texas Penal Code § 12.22 and

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Terms Used In Texas Penal Code 12.41

  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Conviction: A judgement of guilt against a criminal defendant.
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011

For purposes of this subchapter, any conviction not obtained from a prosecution under this code shall be classified as follows:
(1) “felony of the third degree” if imprisonment in the Texas Department of Criminal Justice or another penitentiary is affixed to the offense as a possible punishment;
(2) “Class B misdemeanor” if the offense is not a felony and confinement in a jail is affixed to the offense as a possible punishment;
(3) “Class C misdemeanor” if the offense is punishable by fine only.