A misdemeanor is a criminal offense that’s less serious than a felony but more severe than a simple infraction. Misdemeanor crimes in Texas can carry serious penalties, such as jail time and substantial fines, as well as collateral consequences that could last even after you’ve served your punishment from the court.
If you aren’t careful, a misdemeanor conviction could have a bigger impact on your life going forward than you might expect. Read on to learn more about how these crimes work, what the potential consequences are, and when to hire a criminal defense lawyer to help you fight back.
How Are Misdemeanors Classified in Texas?
Under the Texas Penal Code, misdemeanors are categorized based on the severity of the offense and the potential punishment.
- Class A misdemeanor: This is the most serious type of misdemeanor in Texas. Convictions can result in up to one year in county jail and a fine of up to $4,000.
- Class B misdemeanor: These are mid-level offenses that can lead to up to 180 days in jail and fines of up to $2,000.
- Class C misdemeanor: The least severe classification is usually punishable only by a fine of up to $500 and no jail time.
However, note that some misdemeanors can also be “enhanced” to higher levels if aggravating factors are present. A few examples include whether you have any prior convictions and whether the alleged crime caused injury to a public servant.
Examples of Common Misdemeanor Offenses
Misdemeanors encompass a wide range of conduct, from minor acts of carelessness to serious offenses that pose a risk to others.
Some of the most common examples under Texas law include:
- Theft of property valued under $2,500
- Simple assault
- Possession of marijuana and certain other drugs in small quantities
- Driving while intoxicated (DWI) for first-time offenders
- Resisting arrest or interfering with public duties
- Property damage below $2,500
- Reckless driving and other traffic-related violations
- Public intoxication
- Disorderly conduct
Though these crimes are not felonies, they can still leave you with serious effects to contend with going forward.
What Are the Penalties for a Misdemeanor Conviction?
The penalties for a misdemeanor conviction depend on the offense’s classification, among other factors, but they can extend beyond fines and jail time.
A misdemeanor conviction can also lead to:
- Probation/community supervision
- License suspensions
- Mandatory education and treatment programs
- Restitution
Getting legal representation early on in the process can potentially help you avoid the most serious penalties that you might be up against in the event of a conviction. A criminal defense attorney can help you understand what might be at stake in your situation.
Collateral Consequences of a Misdemeanor Conviction
In addition to criminal penalties, a misdemeanor conviction can lead to collateral consequences that affect your future.
Potential consequences associated with a misdemeanor conviction can include:
- Difficulty securing employment due to background checks
- Loss of professional licenses in fields like nursing, education, and law
- Immigration consequences for non-citizens, including deportation or visa denial
- Increased insurance premiums for traffic-related misdemeanors
- Restrictions on firearm ownership in certain cases
Note that some misdemeanor offenses may be eligible for expunction or nondisclosure, which can remove or seal the charge from your record after a certain period. This could significantly mitigate some of these collateral consequences, depending on the facts of your case.
Defending Yourself Against Misdemeanor Charges
If you’ve been charged with a misdemeanor in Texas, you still have legal rights and defenses available to you.
An experienced criminal defense lawyer can help you by:
- Challenging the evidence against you to create a reasonable doubt
- Negotiating a plea agreement to reduce the charges you’re facing if that’s in your best interest
- Seeking a dismissal if possible under the law
- Looking into whether your constitutional rights were violated at any stage of the process
- Representing you at every court appearance, including at trial if needed
Many first-time offenders are also eligible for alternative programs, such as pretrial diversion or deferred adjudication, which can result in a relatively favorable outcome down the line.
Contact a McKinney Criminal Defense Lawyer at Texas Defense Firm for Legal Help if You’ve Been Charged With a Misdemeanor
Misdemeanors may not carry the same penalties as felonies, but they can still have lasting consequences that affect your life for years to come. Having an experienced McKinney criminal defense attorney on your side can make all the difference in protecting your record and your rights.
If you’ve been charged with a misdemeanor in Texas, don’t wait to get help fighting back against the prosecution. Contact a skilled criminal defense lawyer at Texas Defense Firm to schedule a consultation and learn more about your options under state law. Call (972) 369-0577.
Remember that every element of your charges must be proven beyond a reasonable doubt, so it’s important not to lose hope about what’s to come. Our team is ready to help you understand the charges against you and begin building a strong defense.