A misdemeanor is a criminal offense classified below a felony. In Texas, Penal Code § 12.03 divides misdemeanors into three categories: Class A, Class B, and Class C. When the Penal Code designates an offense as a misdemeanor but doesn’t specify a class or punishment, it is generally treated as a Class C misdemeanor.
The fact that something is labeled a misdemeanor instead of a felony does not mean it is insignificant. Some misdemeanor convictions carry months in county jail and can create a criminal record that may show up on background checks.
Class A Misdemeanors
A Class A misdemeanor is the most serious standard misdemeanor classification in Texas. A conviction is punishable by up to 1 year in county jail, a fine of up to $4,000, or both.
Common examples include certain assault offenses, theft involving property valued at $750 to less than $2,500, and a second DWI in many circumstances. The exact grading of an offense can vary based on the facts and any prior convictions, so conduct that starts as a Class A misdemeanor on paper may be charged differently depending on a person’s criminal history and the specifics of the case.
Class B Misdemeanors
Class B is the mid-level misdemeanor classification. A conviction is punishable by up to 180 days in county jail, a fine of up to $2,000, or both.
Examples include, in many cases, a first-offense DWI, criminal trespass in certain circumstances, and theft involving property valued at $100 or less. Although a Class B charge is less serious than a Class A, it can still involve arrest, booking, court appearances, possible probation, and jail exposure.
Class C Misdemeanors
Class C is the lowest misdemeanor classification. A conviction is generally punishable by a fine of up to $500 with no jail sentence.
Examples include theft of property valued at less than $100 (unless an enhancement applies), some disorderly conduct offenses, and minor traffic-related criminal offenses. This type of conviction can still appear in records and create practical problems with employers, landlords, and licensing agencies.
What Is the Difference Between a Misdemeanor and a Felony?
Misdemeanors are generally less serious offenses than felonies, and the sentences are served in different places. Misdemeanor jail time is ordinarily served in a county jail, while felony convictions can carry sentences in state jail or prison through the Texas Department of Criminal Justice, along with more serious collateral consequences.
Does a Misdemeanor Stay on Your Record?
A misdemeanor conviction can appear on criminal background checks, and it does not fall off on its own after a set number of years. Texas does provide two main paths for clearing or limiting access to a record.
Expunction may be available in certain cases that were dismissed, ended in acquittal, or otherwise qualify, and generally removes qualifying records from public access. An order of nondisclosure is the second option, which restricts the record from most public view while allowing disclosure to law enforcement and other entities authorized by Texas law.
Eligibility for either depends on the specific offense, how the case was resolved, and in some situations, how much time has passed. Because the rules are so specific to the charge and your situation, having an attorney review your record is the best way to determine if you’re eligible for either.
How a Criminal Defense Lawyer Can Help With Misdemeanor Charges
If you’ve been charged with a misdemeanor, take it seriously, even if the charge sounds minor. The difference between a conviction and a dismissal can affect your record and, therefore, your life significantly, but legal guidance is always available. A criminal defense attorney can help in the following ways:
- Review whether the police had lawful grounds for the stop, detention, search, or arrest
- Challenge the evidence and the credibility of witnesses
- Determine whether the charge has been graded correctly
- Check whether an alleged prior conviction can legally be used to enhance the charge
- Negotiate for a dismissal, a reduction, or an alternative disposition when appropriate
Contacting a criminal defense attorney early gives you the best chance of resolving a misdemeanor in your favor.
Contact Chiles McGuire Criminal Law To Schedule a Free Consultation With a McKinney Criminal Defense Attorney
A misdemeanor charge in Texas is worth defending properly. The classification of the offense, the strength of the evidence, and how the case is resolved can all be influenced by early decisions, which is why reaching out to an attorney quickly is so important.
Contact Chiles McGuire Criminal Law today at (214) 432-6540 to schedule your free consultation with one of our McKinney criminal defense lawyers. Our team has experience handling all types of misdemeanor charges, and we’ll do everything we can to protect your future.
