If you are arrested for a crime in Texas, you can face charges for an infraction, misdemeanor, or felony. The prosecutor determines how to file your charges depending on the facts of your case and your criminal history. A misdemeanor crime is graver than an infraction but not a felony. It helps to understand how the criminal justice system treats misdemeanors if you face charges for a misdemeanor. This will inform your decision-making, including hiring an attorney and preparing your defense.

Working with a competent criminal defense is advisable to navigate the complex criminal process more efficiently. Your attorney will also ensure you understand the details of your charges and possible consequences. They will discuss your options, defend your rights, and help you develop a solid defense against your charges.

The Legal Explanation of a Misdemeanor

The criminal law in Texas categorizes crimes into three levels: infractions, misdemeanors, and felonies. This makes misdemeanors the second most severe crime under the law. I also mean they can have severe consequences, including a lengthy jail sentence and a hefty fine. Thus, you should take a misdemeanor charge seriously to avoid severe penalties and consequences of a conviction. A conviction for a misdemeanor will also affect your criminal record.

Under Texas law, misdemeanors carry a maximum penalty of one year in jail and a fine of more than $4000. In contrast, felonies carry a minimum penalty of one year in prison and a fine of up to $10,000. Infractions are punishable by a fine and do not result in a jail or prison sentence.

Further, the law classifies misdemeanors into various classes based on their severity. The exact sentence you receive after conviction will depend on whether you are guilty of a Class A, B, or C misdemeanor:

Class A misdemeanors are the gravest misdemeanors under the law. They are punishable by a maximum jail sentence of one year and a fine of up to $4000. You can face a Class A misdemeanor for driving a vehicle while intoxicated or assault. Sometimes, prosecutors and judges reduce lenient felonies to Class A misdemeanors for first-time offenders. For example, if the judge finds you guilty of a Class C felony and it is your first conviction, they can reduce your sentence to a Class A misdemeanor.

A charge reduction results in a favorable outcome. It also allows you to expunge your conviction record after serving your sentence to avoid the severe consequences of having a criminal record.

Class B misdemeanors are the second most severe misdemeanors under the law. They are punishable by a maximum of 280 days in jail and a court fine of not more than $2000. The prosecutor can charge you with a Class B misdemeanor for offenses like theft (if the property is valued at less than $100) and illegal possession of marijuana. Other crimes, like disorderly conduct or public intoxication, can result in a misdemeanor charge under Class B or C, depending on the circumstances of your case.

Class C misdemeanors are the most lenient charges but more severe than infractions. These are punishable by a maximum fine of $500. Examples of crimes that could result in charges for a Class C misdemeanor include driving using an invalid driver’s license and illegal possession of alcoholic beverages. Sometimes, judges reduce some Class A or Class B misdemeanors to a Class C misdemeanor if there are aggravating factors in your case. For example, if you are a first offender or demonstrate remorse for your actions.

Example of Misdemeanor Crimes

You can face misdemeanor charges for a wide range of violations in Texas, including the following:

The Crime of Assault

You can face a misdemeanor charge for assault in Texas, depending on the severity of your actions. The prosecutor will choose to file a Class A, B, or C misdemeanor charge based on the details of your case and your criminal history. A simple assault case (with no injuries or damages) will likely result in a Class C misdemeanor charge, punishable by a maximum fine of $500.

However, you could receive a more severe charge if the victim of your assault is a roommate, family member, dating partner, or a protected person (like a child or senior adult). In this case, the prosecutor can file a Class A misdemeanor charge, punishable by a maximum of $4000 and a year in jail.

Additionally, your charges could increase if you face aggravated assault charges. For example, if you are accused of assaulting a person using a dangerous weapon, like a gun or knife, the prosecutor will file Class A misdemeanor charges. Examples of specific assault charges you can face include the following:

  • Assault through threats and intimidation
  • Assault resulting in severe bodily injury
  • Aggravated assault
  • Aggravated sexual assault
  • Assault using a dangerous weapon

The prosecutor can also charge some actions as assault even though they are not specific assault crimes. For example, family violence, terrorist threats, and deadly conduct (when you discharge a loaded gun in a public space). These actions are seen when a person threatens to commit a violence-related crime. Since the violence has not occurred yet, you can be charged with assault. The judge can enhance some assault charges like these into a felony charge if you have prior convictions. For example, if you have a history of threatening violence on your family or deadly conduct.

Driving While Intoxicated

DWI crimes are some of the severe misdemeanors under the law because of the risk of harm they cause road users. Typically, a DWI offense will result in Class B misdemeanor charges. However, the prosecutor can file Class A misdemeanor or felony charges, depending on the number of prior convictions in your record, your BAL level, and other aggravating factors, like the presence of a minor in your vehicle. Thus, a Class B misdemeanor charge is not a standard charge for a DWI. The prosecutor will decide the most appropriate charge after studying the details of your case and reviewing your criminal record.

Suppose your blood alcohol content is higher than the standard allowed under the law (0.08%), or you were driving while intoxicated with a minor as a passenger in your vehicle. In that case, the prosecutor will likely file a Class B misdemeanor charge against you. However, the prosecutor can file Class A misdemeanor charges if you have one or several prior DWI convictions in your record within ten years.

The Crime of Theft

You commit a theft crime when you take another person’s property without their consent or the legal right to the property. Theft is a general term that refers to all theft-related offenses like shoplifting, petty theft, grand theft, identity theft, and embezzlement. Prosecutors charge theft crimes as infractions, misdemeanors, or felonies, depending on the facts of a case. Although most theft crimes are charged as misdemeanors, the prosecutor can file felony charges against you if the property stolen is highly valued. Your attorney should be able to explain your charges and possible penalties to prepare you for what to expect after the trial.

If the value of stolen property is not highly valued ($950 or less), the prosecutor will file misdemeanor charges. They will decide whether to file Class A, B, or C misdemeanor charges based on the property's actual value. If you cause harm to another person while committing a theft offense, you will likely face a felony charge. The felony charge occurs due to the harm you cause another person and not due to the value of the stolen property.

Public Intoxication

If you are intoxicated in a public space and you could be a danger to yourself and other people, the police can arrest and charge you with public intoxication. Typically, this is a Class C misdemeanor charge that the prosecutor can upgrade to a Class B misdemeanor if your behavior is offensive or disruptive. For example, if you engage in disorderly conduct, public urination, or have an alcoholic substance in public, the prosecutor can file a Class B misdemeanor charge.

Criminal Mischief

Charges for criminal mischief occur when you knowingly or intentionally damage another person’s property against their authorization. This general offense covers related crimes like graffiti, vandalism, and damaging personal property. The gravity of your charges will determine whether you will face misdemeanor or felony charges. If the prosecutor settles for a misdemeanor charge, they must decide whether it will be a Class A, B, or C misdemeanor, depending on the facts of your case and your criminal history.

If the police find a deadly weapon in your possession, your charges could intensify to felony charges. A conviction for a felony is always life-changing. However, a skilled attorney can help with your defense to compel the judge to dismiss your charges or reduce them to more lenient charges.

Criminal Trespassing

This crime occurs when you enter another person’s property without proper authorization or the legal right to be there. You can face charges for trespassing if you enter another person’s property or break into their car or home. Your actual charges and penalties will depend on the kind of property you trespassed into and other details of your case. For example, trespassing into a construction site is a misdemeanor charge or a Class C misdemeanor. However, trespassing on a construction site intending to commit a theft crime can attract more severe charges.

Trespassing into a person’s home in their absence is a more lenient crime than doing so in their presence and with the intent to commit a crime. Trespassing into and damaging a person’s property is also a severe crime.

Violating Probation

When the judge puts you on probation, they set terms and conditions for you to abide by throughout your probation. These terms and conditions constitute a probation violation, a grave misdemeanor under Texas laws. The actual misdemeanor charge the prosecutor will file against you will depend on the type of probation you violate, whether felony or misdemeanor probation.

You can violate probation in so many ways, including failing to meet up with your probation officer, engaging in crime while on probation, failing to participate in community service, failing to enter a treatment or rehabilitation program as ordered by the judge, or leaving the court’s jurisdiction without the judge’s permit.

The Impact of a Misdemeanor Conviction in Your Life

A misdemeanor conviction will affect different aspects of your life, including your career, social life, and personal life.

A misdemeanor conviction will likely result in a jail sentence of 180 days and one year. This is a long time to remain behind bars, and it can significantly disrupt your life. If you are in business or have a job, you will be gravely affected by a jail sentence. Your family life will also be different. A jail sentence will also affect you if you are in school or seeking a job. You will face challenges picking up your life from where you left off before the sentence.

A misdemeanor conviction could also result in a court fine of between $500 and $4000. This will affect your finances since paying a fine is not something you have budgeted for. If you do not have the full amount to pay your court fine, you could be forced to sell some of your properties, obtain a loan, or fundraise from your family or friends.

A criminal conviction also affects your criminal record. Your life will not be the same after that because a criminal record affects almost all aspects of living. For example, you could face challenges keeping a job or finding one because of your criminal record. You could also face difficulties finding a suitable neighborhood after the conviction. A criminal conviction will also affect how you make friends and your relationship with loved ones. Typically, people do not socialize easily with ex-convicts.

You could find it hard to access some services efficiently due to your criminal history. For example, insurance companies can revise their rates upwards after your conviction or turn down your application. Some services, like obtaining professional licenses, are inaccessible to people with a criminal background.

How To Influence the Outcome of Your Misdemeanor Case

Influencing the outcome of your criminal case is the only way to avoid the severe consequences of a misdemeanor conviction. You can do this with the assistance of a skilled criminal attorney. Your attorney can start by explaining your charges' legal implications, options, and the best defense strategies to obtain a favorable outcome for your case. An attorney can also help develop a solid defense against your charges to avoid a conviction or to compel the judge to reduce your charges.

Thus, you could start the legal process by hiring an experienced criminal defense attorney. The attorney must be an expert in the kinds of charges you face. For example, an attorney who has successfully handled theft-related cases in the past will be the best hire when you face a theft charge. They will know the best defense strategies to use for the outcome you foresee for your case.

Gather and prepare evidence for the trial to improve your chances of obtaining a favorable outcome. Judges rely on evidence to determine a criminal case. They will review the prosecutor’s evidence and ask you to present your evidence to determine the strength of your case. If the prosecutor has overwhelming evidence against you, you will likely receive a guilty verdict after the trial. However, if you weaken the prosecutor’s case with proof and they fail to prove your case beyond a reasonable doubt, the judge will dismiss your charges.

Your attorney can propose to or accept a plea bargain from the prosecutor for a favorable outcome for your case. Plea bargains help when you are uncertain about the outcome of your case. It means pleading guilty to a less severe offense and serving the sentence for that offense instead of risking the final verdict of your underlying charge. A competent attorney will fight for your best interest throughout the case. They will ensure that the plea bargain works in your favor.

If the judge finds you guilty of a misdemeanor, your attorney can help you file for the expungement of your criminal record. This gives you a fresh start in life. Expungement eliminates all the adverse effects of a criminal conviction in your life. Your attorney will start the process immediately after you complete your sentence.

Find Competent Criminal Defense Services Near Me

If you face misdemeanor charges in Fort Worth, it helps to understand the legal implications of your charges, possible outcomes, and chances of fighting for a favorable outcome. A competent criminal attorney can help with that. They can also defend your rights and fight for the best outcome for your case.

We handle all misdemeanor cases at Andrew Deegan Criminal Attorney At Law. We can help you navigate the complex legal processes successfully, advise you on your options, and develop a solid defense against your charges. We could compel the judge to drop or reduce your charges. Call us at 817-689-7002 to discuss your case in depth.