Here are the types of Misdemeanors in Texas, including examples, punishments, and fines.
You are facing some serious jail time and monetary penalties if you are facing a misdemeanor in Texas. Though your penalties are not as severe as those for felony convictions, you will still be looking at some life-changing negative effects.
This article will takes a look at the different class misdemeanors in Texas criminal law, and how each might possibly affect your life. Contact an attorney for criminal defense today.
Highlights
Three Classes of Texas Misdemeanors
Under Texas law, misdemeanor offenses are divided into three categories: Class A, B, and C.
Class A Misdemeanor | Examples & Punishment
Class A misdemeanors are considered the most severe and carry a potential punishment of up to one year in jail and/or a fine of up to $4,000. Common examples of Class A misdemeanors include assault, DWI, and possession of a small amount of marijuana.
Class B Misdemeanor | Examples & Punishment
Class B misdemeanors carry a potential punishment of up to 180 days in jail and/or a fine of up to $2,000. Common examples include criminal trespass, shoplifting, and possession of drug paraphernalia.
Class C Misdemeanor | Examples & Punishment
Class C misdemeanors are the least severe type of misdemeanor and carry a potential punishment of up to $500 in fines only. Common examples include disorderly conduct, public intoxication, and minor traffic violations.
NOTE: This video published without permission from attorney Eric Benavides.
What To Do If Charged With A Misdemeanor in Texas
Though misdemeanor offenses are less serious than felonies, they should still be taken seriously. Certain misdemeanor convictions, such as DWI, can have long-term consequences for the defendant, including a suspended driver’s license and increased insurance rates.
If you are charged with a misdemeanor offense in Texas, it is important to seek legal counsel from an experienced criminal defense attorney who can help defend your rights and build a strong legal defense.
How Bad Is A Class A Misdemeanor?
Punishment | Class A Misdemeanors
In Texas, Class A misdemeanors are the most serious misdemeanor criminal offenses and can be punished by a jail sentence of up to one year, as well as fines not exceeding $4,000. Common examples of Class A misdemeanors include assault causing bodily injury or offensive contact, such as pushing someone or slapping them; harassment; property damage, including graffiti and vandalism; criminal trespass; and driving while intoxicated (DWI).
Texas Class B Misdemeanors
Punishment & Examples of Class B Misdemeanors
Class B misdemeanors are the second most serious type of misdemeanor offense in Texas. These offenses can be punished by up to 180 days in jail as well as a fine of no more than $2,000. Common examples of Class B misdemeanors include possession of marijuana or other controlled substances in an amount less than two ounces, criminal mischief (property damage), theft of property valued at less than $100, and public intoxication.
How Serious is a Class C Misdemeanor?
Texas Class C Misdemeanors Examples
Class C misdemeanors are the least serious type of misdemeanor offenses in Texas. These offenses can be punished by a fine of no more than $500, but jail time is not an available punishment for Class C misdemeanors. Common examples of Class C misdemeanors include disorderly conduct; driving with an invalid license or registration; and minor drug offenses.
Difference Between Felony and Misdemeanor Offenses
Felony Punishment vs Misdemeanor Punishment
In some cases, it can be difficult to determine whether a criminal offense is classified as a felony or misdemeanor. Generally speaking, the difference between these two types of offenses comes down to their potential punishments. Felonies are punishable by one year or more in prison, and misdemeanors are punishable by up to one year of incarceration.
Seriousness of The Crime
Another important factor is the severity of the crime itself. Felony offenses are usually crimes that involve violence or property damage, while misdemeanor offenses are typically more minor in nature, such as traffic violations. However, this is not always the case; for example, certain drug offenses can be classified as either misdemeanors or felonies depending on the circumstances of the case.
3 Classes of Texas Misdemeanors
Fines & Jail Time
In Texas, misdemeanor offenses are typically divided into three classes: Class A, B, and C. The most serious type of misdemeanor is a class A offense; these crimes carry a maximum sentence of up to one year in county jail and/or a fine of up to $4,000. Examples of class A misdemeanor offenses include assault causing bodily injury, DWI with a minor in the vehicle, possession of 2-4 ounces of marijuana, and driving while license is invalid.
Class B misdemeanors have a maximum penalty of 180 days in county jail and/or a fine of up to $2,000. Some class B misdemeanor offenses include driving while intoxicated (DWI), possession of less than 2 ounces of marijuana, and criminal mischief.
Class C misdemeanors are the least serious type of offense and carry a maximum fine of up to $500; these offenses do not involve jail time. Common examples of class C misdemeanors are possession of drug paraphernalia, disorderly conduct, and public intoxication.
Probation
In addition to the jail or prison time associated with a misdemeanor offense, many convictions also include an additional fine and probationary period. The amount of the fine varies depending on the severity of the offense; however, it typically ranges from $200 to $4,000. A conviction for a misdemeanor offense may also result in a person being placed on probation for up to two years under the supervision of a probation officer. During this time, individuals must adhere to certain rules set forth by the court and probation officer or risk facing harsher penalties.
County Jail vs State Prison
It is important to note that there are many differences between misdemeanor offenses and felony offenses in Texas. Misdemeanor convictions carry a maximum of one year in a county jail, while felonies are punishable by more than one year in state prison. Additionally, misdemeanors do not result in the loss of certain civil rights such as voting or firearm possession; however, felonies can result in these civil rights being taken away.
Texas Misdemeanor DWI
One of the most common types of misdemeanors in Texas is Driving While Intoxicated (DWI). A DWI conviction can carry a sentence ranging from 24 hours to 180 days in jail, and a fine up to $2,000. This penalty may also include community service, loss of driving privileges, and alcohol education class attendance.
Other Misdemeanor Examples
Other common misdemeanor offenses in Texas include possession of marijuana, criminal mischief, prostitution, public intoxication, and disorderly conduct.
Misdemeanor Possession
Possession of up to 4 ounces of marijuana is generally charged as a class B misdemeanor in Texas and can carry a sentence of 180 days in jail and/or a fine up to $2,000.
Criminal Mischief
Criminal mischief is the willful, malicious damage to another person’s property and can be charged as a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000.
Misdemeanor Prostitution in Texas
Prostitution offenses are generally charged as either a class B or class A misdemeanor depending on the defendant’s prior history.
Texas Misdemeanor Lawyer
If you have been charged with a Class A, Class B, or Class C misdemeanor in Texas, then you should contact a criminal defense attorney immediately.