Travis County Criminal Courts: Felony and Misdemeanor Processing

Travis County operates a tiered criminal court system that routes felony and misdemeanor cases through distinct judicial bodies, each governed by specific procedural rules under Texas law. The structure determines how charges are filed, which judges preside, what penalties may be imposed, and how cases move from arrest through final disposition. Grasping how these courts function matters for defendants, attorneys, victims, jurors, and anyone navigating the Travis County Courts system.

Definition and scope

The Travis County criminal court structure divides cases primarily by offense severity, as defined in the Texas Penal Code. Misdemeanors are criminal offenses punishable by confinement in a county jail, a fine, or both. Felonies carry the possibility of imprisonment in a Texas Department of Criminal Justice (TDCJ) state facility and are categorized in five degrees: capital, first, second, third, and state jail felony.

Misdemeanor courts in Travis County include the County Courts at Law with criminal jurisdiction. These courts handle Class A misdemeanors (punishable by up to 1 year in county jail and/or a fine up to $4,000) and Class B misdemeanors (up to 180 days in county jail and/or a fine up to $2,000), as set out in Texas Penal Code § 12.21–12.22.

District courts with criminal jurisdiction handle all felony cases in Travis County. Travis County has multiple statutory district courts assigned criminal dockets, with the 167th, 299th, 390th, and 427th District Courts among those designated for criminal matters. Capital felony convictions can result in life imprisonment without parole or, in cases where the state seeks the death penalty, capital punishment, per Texas Penal Code § 12.31.

Class C misdemeanors — the lowest classification, carrying only fines up to $500 with no jail exposure — fall outside the scope of these courts entirely and are processed by the Austin Municipal Court or Justice of the Peace courts rather than the County Courts at Law or District Courts.

How it works

Criminal case processing in Travis County follows a structured sequence from initial arrest through final resolution. The Travis County District Attorney holds authority to file charges, negotiate pleas, and prosecute at trial.

The general felony processing sequence proceeds as follows:

1. Arrest and booking — Law enforcement agencies, including the Travis County Sheriff, book the arrested person into the Travis County Correctional Complex (Del Valle facility).
2. Magistration — A magistrate reviews the arrest, informs the defendant of charges, and sets bail within 48 hours of arrest, consistent with Texas Code of Criminal Procedure Art. 15.17.
3. Grand jury review (felonies) — The District Attorney presents felony cases to a grand jury of 12 citizens. If 9 of the 12 vote that probable cause exists, a true bill (indictment) issues. A no-bill terminates prosecution at that stage.
4. Arraignment — The defendant appears before the assigned district court judge, enters a plea, and scheduling orders are entered.
5. Pretrial motions and hearings — Motions to suppress evidence, challenges to indictment sufficiency, and other legal disputes are resolved before trial.
6. Plea or trial — The substantial majority of criminal cases in Texas resolve through plea agreements rather than jury trials. Cases proceeding to trial may be heard by a judge alone (bench trial) or a jury.
7. Sentencing — If convicted, the judge or jury assesses punishment within the statutory range for the offense class.

Misdemeanor cases at the County Court at Law level follow the same general sequence but bypass grand jury review; charges are filed by the District Attorney via information rather than indictment.

Common scenarios

Several case types concentrate the Travis County criminal dockets:

DWI (Driving While Intoxicated) — A first-offense DWI typically charges as a Class B misdemeanor processed in the County Courts at Law. A third or subsequent DWI, or a DWI with a child passenger, elevates to felony status and transfers to a district court docket.

Drug possession — Possession of less than 2 ounces of marijuana constitutes a Class B misdemeanor under Texas Health & Safety Code § 481.121. Possession of controlled substances in larger quantities or in Penalty Group 1 (which includes methamphetamine and cocaine) charges as a state jail felony or higher-degree felony tried in district court.

Assault — Simple assault causing bodily injury to a non-family member charges as a Class A misdemeanor. Aggravated assault involving a deadly weapon or serious bodily injury elevates to a second-degree felony, a district court matter.

Theft — Theft of property valued under $750 is a Class B misdemeanor; theft of property valued at $300,000 or more is a first-degree felony, per Texas Penal Code § 31.03.

Decision boundaries

The allocation of a case between county misdemeanor courts and district felony courts is determined by offense classification at the time of charging, which can shift based on prior criminal history, offense enhancements, and prosecutorial charging decisions.

A prior misdemeanor conviction can enhance a subsequent misdemeanor charge to a higher class, and two prior felony convictions can trigger habitual offender status under Texas Penal Code § 12.42, converting a third-degree felony into a potential life sentence. The Travis County District Clerk maintains official records of all district court criminal proceedings; the Travis County Clerk holds records for County Court at Law cases.

Deferred adjudication and straight probation are sentencing alternatives available at both court levels. Deferred adjudication, authorized under Texas Code of Criminal Procedure Art. 42A.101, allows a judge to accept a guilty plea, defer entering a finding of guilt, and place the defendant on community supervision — preserving the possibility of dismissal and, in certain cases, non-disclosure of the record.

For a broader overview of local civic institutions including the courts, the Austin Metro Authority index provides a structured entry point to county and municipal government reference pages.

Scope, coverage, and limitations

This page covers criminal court operations within Travis County, Texas, specifically the County Courts at Law with criminal jurisdiction and the criminal district courts located in Austin. It does not address civil, family, or probate proceedings, which are covered on separate reference pages for Travis County Civil Courts, Travis County Family Courts, and Travis County Probate Court.

Crimes committed within the city limits of Austin but prosecuted as federal offenses (e.g., federal drug trafficking, immigration offenses) fall under the United States District Court for the Western District of Texas — Austin Division and are not covered here. Offenses originating in Williamson County or Hays County route through those counties' own criminal courts and are outside the scope of this page. Municipal ordinance violations processed by the Austin Municipal Court are similarly not addressed in this document.

Texas state appellate review of Travis County criminal convictions routes through the Third Court of Appeals in Austin and, for capital cases and certain matters, directly to the Texas Court of Criminal Appeals in Austin.

References

• Texas Penal Code, Title 3 (Punishments), Chapters 12–13 — Texas Legislature Online
• Texas Code of Criminal Procedure — Texas Legislature Online
• Texas Health and Safety Code § 481 (Texas Controlled Substances Act) — Texas Legislature Online
• Travis County District Attorney's Office — traviscountytx.gov
• Travis County District Clerk — traviscountytx.gov
• Travis County Clerk — traviscountytx.gov
• Texas Department of Criminal Justice — tdcj.texas.gov
• Third Court of Appeals, Austin — txcourts.gov