When someone you love is arrested in North Texas, one of the first questions is "How much is bail going to be?" The honest answer starts with another question: what is the charge? In Texas, whether an offense is a misdemeanor or a felony — and which class or degree within those — shapes nearly everything that follows, including the bail amount a magistrate sets and the bond premium you pay to get someone home.
Here is how it works, in plain English.
Two categories: misdemeanors and felonies
Texas sorts criminal offenses into two broad buckets. Misdemeanors are the less serious offenses, punishable by fine and/or county jail time. Felonies are the more serious ones, punishable by time in a state jail or the Texas Department of Criminal Justice, and they carry heavier long-term consequences.
Within each bucket, the law assigns levels. Those levels set the maximum punishment a court can impose, and they give the magistrate a starting point when deciding bail.
Texas misdemeanor classes
Texas Penal Code organizes misdemeanors into three classes:
- Class C — the least serious. Punishable by a fine up to $500 with no jail time. Many traffic and minor public-order offenses fall here. These are usually handled in justice or municipal court.
- Class B — punishable by up to 180 days in county jail and/or a fine up to $2,000. A first-time DWI is a common example.
- Class A — the most serious misdemeanor. Punishable by up to one year in county jail and/or a fine up to $4,000.
As the class rises, the potential jail exposure rises, and magistrates tend to set bail accordingly.
Texas felony degrees
Felonies are graded into five levels under the Penal Code:
- State jail felony — generally 180 days to 2 years in a state jail facility, plus a possible fine up to $10,000.
- Third-degree felony — 2 to 10 years in prison, plus a possible fine up to $10,000.
- Second-degree felony — 2 to 20 years, plus a possible fine up to $10,000.
- First-degree felony — 5 to 99 years or life, plus a possible fine up to $10,000.
- Capital felony — the most serious category, reserved for offenses like capital murder, carrying the highest stakes under Texas law.
Each step up the ladder signals greater seriousness to the court, which generally translates into higher bail.
How the charge level drives the bail amount
A magistrate is not supposed to pull a number out of thin air. Under the Texas Code of Criminal Procedure, bail is meant to give reasonable assurance the person returns to court — not to punish them before trial. To set it, the magistrate weighs several factors: the nature and seriousness of the offense, the person's ties to the community, their criminal history, their ability to make bail, and whether they may be a flight or safety risk.
The charge level feeds directly into "nature and seriousness." A Class B misdemeanor will typically see a far lower bail than a second-degree felony, all else equal. Many counties also publish bail schedules that suggest starting amounts by offense level, though a magistrate can adjust up or down based on the specifics.
How bail affects the bond premium
This is where the charge level reaches your wallet. A bail bond lets you pay a percentage of the total bail to a licensed bondsman, who then posts the full amount with the court. The premium you pay is a fee for that service.
Because the premium is calculated from the bail figure, a higher charge level usually means a higher bail, and therefore a higher premium. A modest misdemeanor bail produces a modest premium. A felony bail in the tens of thousands produces a larger one. That is also why we offer payment plans — so the charge level does not have to decide whether your family can act today.
A few quick examples
- A first-time DWI is often a Class B misdemeanor, so bail tends to land on the lower end. See misdemeanor bail bonds and our DWI page.
- A serious theft or assault may be charged as a felony depending on the dollar amount or the circumstances, pushing bail higher. Learn more about felony bail bonds.
- The same general conduct can be charged at different levels depending on prior history and aggravating facts, which is one reason two people can face very different bail.
The encouraging news: bail bonds are available across all of these levels, from a low-class misdemeanor to a high-degree felony. The process and paperwork scale with the case, but help is available either way.
Frequently asked questions
Does a higher charge always mean higher bail? Usually, but not always. The charge level is the biggest single factor, yet a magistrate still considers community ties, criminal history, and risk. Two people with the same charge can receive different bail.
Can you bond out on a felony in Texas? Yes. Most felony charges are bondable. Some very serious offenses can involve special conditions or a bail review, but a licensed bondsman can walk you through what applies to your situation.
How fast can the process start? Often right away. You can begin the paperwork to post bail online and we will guide you from there.
This article is general information, not legal advice. Laws change and every case is different — consult a licensed attorney for your situation.
Whatever the charge, you do not have to figure it out alone. Call (972) 773-9396 any time — we answer 24/7 and write bonds across Dallas, Tarrant, Collin, and Travis counties. Tell us the charge, and we will explain your options and start the process to bring your loved one home.