Discharging Firearm in Certain Municipalities can become a State Jail Felony if the offender has three or more prior convictions.

• A. Class A Misdemeanor
• B. State Jail Felony
• C. Class B Misdemeanor
• D. Felony 3

Answer: (B)

In Texas, certain offenses can be upgraded to a higher category based on the offender’s prior history. For discharging a firearm in certain municipalities, having three or more prior convictions triggers an upgrade to a state jail felony. A state jail felony sits between a misdemeanor and a true felony, with a typical sentence of 180 days to two years in a state jail. The statute clearly uses this three-or-more-prior-convictions condition to convert the offense from a misdemeanor to a state jail felony, so that is the correct classification. It isn’t simply a Class A or Class B misdemeanor, and it isn’t automatically a third-degree felony (Felony 3) under this provision.