Final answer:
The offense would be classified as a misdemeanor if it is not a felony and jail time is a potential punishment.
Step-by-step explanation:
For any conviction not obtained under the Texas Penal Code, the offense shall be classified as a misdemeanor if the offense is not a felony and confinement in a jail is affixed to the offense as a possible punishment. In the justice system, crimes are generally divided into two categories: felonies and misdemeanors. A felony is typically a more serious crime usually punishable by imprisonment for more than one year or by death, whereas a misdemeanor is a less serious offense which is punishable by less severe penalties, often involving jail time of less than one year.