When someone is charged with a crime in Texas, the offense is generally classified as either a felony or a misdemeanor. Felonies carry the harshest punishments, but misdemeanors can still seriously affect your life. Learning about what qualifies as a misdemeanor under Texas law can help you know what to expect if you or a loved one is facing charges.
Read on for more information about these kinds of charges, and if you need help, contact a criminal defense lawyer for a free consultation.
How Texas Defines a Misdemeanor
Under the Texas Penal Code, misdemeanors are criminal offenses with a maximum sentence of up to one year in a county jail. In contrast, felonies may result in longer terms served in state prison.
Misdemeanors cover a wide range of offenses. Some are minor infractions, while others are serious crimes that come with heavy fines or lengthy probation.
Common examples include:
- Driving while intoxicated (for some offenses)
- Shoplifting items worth less than $2,500
- Possession of small amounts of marijuana
- Simple assault without serious bodily injury
- Public intoxication
- Reckless driving
These charges may not rise to the level of a felony, but they are still criminal offenses. A conviction can affect your life in ways you may not expect.
Classes of Misdemeanors in Texas
Texas divides misdemeanors into three main categories: class A, class B, and class C. Each class carries its own penalties. This classification system allows courts to tailor punishments to the seriousness of the offense. However, even the lowest-level misdemeanor should not be taken lightly.
Class A Misdemeanors
Class A misdemeanors are the most serious. Punishments can include up to one year in county jail and fines of up to $4,000. Crimes in this category include assault causing bodily injury, carrying a gun without a permit (in certain situations), and theft of property valued between $750 and $2,500.
Class B Misdemeanors
Class B misdemeanors can result in up to 180 days in jail and fines of up to $2,000. Examples include possession of small amounts of marijuana, reckless driving, or criminal trespass.
Class C Misdemeanors
Class C misdemeanors are the least serious and are punishable by fines of up to $500. Jail time is not a possible sentence, but the conviction still becomes part of your criminal record. Offenses include public intoxication, disorderly conduct, and certain traffic violations.
Penalties Beyond Jail and Fines
The consequences of a misdemeanor conviction often extend well beyond jail time and financial penalties.
Texas courts can impose additional requirements, such as:
- Probation or community supervision
- Mandatory community service hours
- Substance abuse counseling or anger management classes
- Driver’s license suspension (for certain offenses)
These penalties can disrupt your daily life for months or years. More importantly, having a criminal record can create long-term challenges. Employers and landlords often run background checks, so a misdemeanor conviction could reduce your opportunities.
How Misdemeanors Differ from Felonies
It’s helpful to understand the key differences between misdemeanors and felonies under Texas law. Felonies are considered far more serious and carry longer sentences, often in state prison. They also come with harsher collateral consequences, such as losing the right to vote or own a firearm.
Misdemeanors, on the other hand, are punished less severely, with sentences limited to county jail. However, the conviction still marks you as someone with a criminal record, which can affect nearly every aspect of your life.
In some cases, misdemeanors can be enhanced to felonies. For example, multiple DWI convictions or thefts can result in felony charges. That means repeated misdemeanor offenses can eventually lead to much more serious consequences.
How an Attorney Can Help You Respond to Misdemeanor Charges Effectively
Many people make the mistake of thinking misdemeanors are “minor” and can be handled without a lawyer. But even a Class C misdemeanor can follow you for years.
An experienced defense attorney can:
- Negotiate with prosecutors for reduced charges or dismissal
- Identify defenses that may apply to your situation
- Help you pursue alternatives like diversion programs
- Work to keep your record clean through deferred adjudication or expungement
In some cases, a lawyer may even be able to help you avoid conviction entirely. Strong legal representation is the best way to protect your future when facing misdemeanor charges.
Schedule a Consultation With an Experienced San Antonio Criminal Defense Lawyer
Misdemeanors in Texas may not carry the same penalties as felonies, but they are still criminal charges with real and lasting consequences. From fines and jail time to lasting damage to your record, the impact on your life can be significant.
If you’ve been charged with a misdemeanor in Texas, it’s important to take the case seriously and seek legal help as soon as possible. A skilled San Antonio criminal defense attorney at Barton & Associates Attorneys at Law, PLLC can review the facts of your case and help you work toward a favorable outcome.