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Types of Misdemeanors in Texas

A misdemeanor conviction, which could mean significant jail time, has lasting consequences.

Misdemeanors are “minor” criminal cases in Texas. There is no such thing as minor surgery if you are the one on the operating table, and there is no such thing as a minor criminal case if you are the defendant. Misdemeanors have significant direct consequences, as outlined below. Additionally, these offenses have significant collateral consequences. In many ways, the collateral consequences of a misdemeanor are worse than the collateral consequences of a felony, the “serious” criminal cases in Texas.

A Fort Worth criminal defense attorney minimizes or eliminates these direct and collateral consequences. An attorney carefully analyzes your case and identifies all possible procedural, substantive, and affirmative defenses. Then, a lawyer uses these possible defenses as bargaining chips during pretrial negotiations. This simple and straightforward approach usually produces positive results, like a plea to a lesser included offense or a lighter sentence. In some cases, an attorney can get a case thrown out of court or secure a not-guilty verdict at trial.

Class A Misdemeanor Charges

The maximum penalty for a Class A misdemeanor conviction is one year in jail and/or a fine of up to $4,000. Some examples of Class A misdemeanors include:

Probation is usually available in Class A misdemeanors. However, contrary to popular myth, probation is not a slap on the wrist.

Misdemeanor probation orders usually include requirements such as reporting to a probation officer on a monthly or weekly basis, avoiding further trouble with the law, remaining in the county at all times, and avoiding “disreputable” people and places.

These conditions are so restrictive that a motion to revoke probation is almost inevitable. A Fort Worth criminal defense lawyer protects your freedom in these situations, usually by settling these matters out of court.

Class B Misdemeanor Charges

The next level down, a Class B misdemeanor conviction can lead to up to 180 days in county jail, fines up to $2,000, or both. If enhanced, the charge can become a Class A misdemeanor or, in some cases, a felony. Some Class B charges include:

Probation is usually available in these cases as well. In addition to the standard conditions mentioned above, offense-specific conditions are common. DUI is a good example.

Frequently, the probation order includes an IID (ignition interlock device) requirement. An IID is basically a Breathalyzer that’s attached to the vehicle’s ignition. The vehicle will not start if the driver’s BAC level is above a certain threshold, usually .04.

The defendant is completely financially responsible for an IID. This responsibility includes installation, maintenance, monitoring, and removal.

Class C Misdemeanor Charges

If there is a “minor” criminal case in Texas, it’s probably a Class C misdemeanor. These infractions, which are usually the equivalent of traffic tickets, have a maximum penalty of a $500 fine. However, a Class C misdemeanor goes on your permanent criminal record. Examples of Class C misdemeanors include:

Class C probation isn’t as rigorous as Class A or B probation. In fact, in many cases, unsupervised probation is available. The defendant only needs to pay the fine in installments and stay out of trouble for a few months.

Work With a Hard-Hitting Tarrant County Criminal Defense Attorney

Misdemeanors are serious criminal cases in Texas. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whittaker. Convenient payment plans are available.