Tex. Codes » Penal Code · TITLE 3. PUNISHMENTS · CHAPTER 12. PUNISHMENTS
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Tex. Penal Code § 12.21 (2026)

Class A Misdemeanor

✓ current as of May 2026
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Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 220 cases (21 in the last 5 years), 1980–2026 · leading case: Mizell v. State, 119 S.W.3d 804 (Tex. Crim. App. 2003).
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Mizell v. State, 119 S.W.3d 804 (Tex. Crim. App. 2003). · cites it 2× “…hereby does so by striking the requirement that appellant pay a fine as part of his punishment in this case"). [1] Tex. Penal Code § 12.21.”
Osterberg v. Peca, 12 S.W.3d 31 (Tex. 2000). · cites it 2× “"); see also Tex. Penal Code § 12.21 (providing punishment of up to $4,000 and one-year's confinement in jail for committing a Class A misdemeanor).”
Word v. State, 206 S.W.3d 646 (Tex. Crim. App. 2006). · cites it 2× “[2] See TEX. PEN.CODE, § 12.21. [3] Section 71.004(1) defines family violence to mean: [A]n act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that…”
Butler v. State, 189 S.W.3d 299 (Tex. Crim. App. 2006). · cites it 2× “Tex. Penal Code § 12.21. The maximum period of community supervision for a misdemeanor is two years.”
Oliva v. State, 548 S.W.3d 518 (Tex. Crim. App. 2018). “§ 1(14); see also Tex. Penal Code §§ 12.21 -12.35 (each stating that an individual "adjudged guilty of" an offense of a particular degree "shall be punished" according to the sentencing ranges therein described).”
Augustin Gabriel Cabrera v. State, 513 S.W.3d 35 (Tex. App. 2016). · cites it 2× “See Tex. Penal Code Ann. §§ 12.21 and 30.04. The information contained an enhancement paragraph alleging a prior misdemeanor conviction for assault of a family member, which, if proved, would have increased appellant’s minimum sentence to 90 days in jail.”
Mapes v. State, 187 S.W.3d 655 (Tex. App. 2006). · cites it 2× “TEX. PEN.CODE ANN. § 12.21 (Vernon 2003).”
HEB Ministries, Inc. v. Texas Higher Educ. Coordinating Bd., 235 S.W.3d 627 (Tex. 2007). · cites it 2× “"); TEX. PENALCODE § 12.21 ("An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.”
McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011). · cites it 2× “2010]); Texas ( Tex. Penal Code Ann. §§ 12.21 , 12.22, 12.”
Thompson v. State, 44 S.W.3d 171 (Tex. App. 2001). · cites it 2× “Tex.Pen.Code Ann. § 12.21 (Vernon 1994). Because a violation of a municipal ordinance regulating sexually oriented businesses is a Class A misdemeanor punishable by fine or confinement, jurisdiction vests with the county criminal court at law and not the municipal court.”
Ex Parte Aftab Ali, 368 S.W.3d 827 (Tex. App. 2012). “” Thus, if Ali had rejected the plea offer, gone to trial, and been convicted — which Ali knew was “virtually certain,” according to counsel — he would have risked the same deportation consequences and, in addition, could have been sentenced to up to one full year of actual jail…”
Price v. State, 866 S.W.2d 606 (Tex. Crim. App. 1993). · cites it 2× “Tex.Penal Code Ann. §§ 12.21 and 12.22. Any attempt to distinguish between felony and misdemeanor ranges of punishment overlap.”
Show all 220 citing cases →
— Tex. Penal Code § 12.21(1) — 4 cases
Tovar v. State, 777 S.W.2d 481 (Tex. App. 1989).
Harold Wayne Holoman v. State (Tex. App. 2018).
Harold Wayne Holoman v. State (Tex. App. 2018).
Michael Alonzo Rodriguez v. the State of Texas (Tex. App. 2023).
— Tex. Penal Code § 12.21(2) — 16 cases
Delgado v. State, 908 S.W.2d 317 (Tex. App. 1995).
State v. Rowan, 927 S.W.2d 116 (Tex. App. 1996).
State v. Shepard, 920 S.W.2d 420 (Tex. App. 1996).
Cooke, Derrick Keith (Tex. 2015).
Anthony Lance Jones v. State (Tex. App. 2016).
— Tex. Penal Code § 12.21(3) — 1 case
Shameka Yvette McClain v. State (Tex. App. 2017).
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