Updated on March 25, 2024
Some people don’t know what a misdemeanor is, while others misguidedly believe that a misdemeanor is no big deal in the scheme of things. However, if you are charged with a misdemeanor, neither approach will do you any favors. A misdemeanor conviction can carry jail time and steep fines, along with social implications that you may not have bargained for.
There is a lot of misinformation out there, and better understanding what misdemeanor charges are all about can help you avoid facing such a charge or can help you make the right decisions for you if you do face such a charge. If you do find yourself facing a misdemeanor charge (of any kind), do not delay consulting with an experienced Killeen criminal defense attorney.
The Three Levels of Crime under Texas Law
Under Texas law, there are three levels of crimes:
Infractions
Misdemeanors
Felonies
Infractions
Infractions are the least serious type of crime in Texas, and they are punishable only by fines, tickets, and community service. Infractions cannot lead to arrest or jail time. Some of the most common infractions include the following offenses:
Speeding or running a stop sign
Being a public nuisance
Disturbing the peace, such as with loud music at a party
Parking violations
Jaywalking
After a certain length of time has passed, your conviction for an infraction will disappear from your record.
Misdemeanors
Misdemeanors amp the charges up a notch, and most misdemeanor charges are punishable by fines – while some also include jail time or house arrest. Texas misdemeanors are classified as either Class A, Class B, or Class C charges, with Class A being the most serious and carrying the harshest penalties.
Class C misdemeanors are the least serious, and while they carry no jail time, a conviction can lead to fines of up to $500.
Class B misdemeanors carry jail sentences of up to 6 months and fines of up to $2,000.
Class A misdemeanors carry jail sentences of up to a year and fines of up to $4,000.
Repeat convictions for misdemeanors can lead to enhanced sentencing.
Common misdemeanor charges include a first DWI conviction, petty theft, disorderly conduct, shoplifting, and more.
Misdemeanors usually stay on your permanent criminal record. However, in some instances, it may be possible to have a misdemeanor charge removed from your record via careful legal intervention – consulting with a dedicated criminal defense attorney is key.
Felonies
Felonies are the most serious criminal charges you can face, and the severe penalties, fines, and jail time possible upon conviction reflect this fact. Felonies break down into five classifications – the most severe of which are capital felonies. Felony convictions stay on your criminal record indefinitely.
Considering Common Misdemeanors
The State of Texas takes its misdemeanor charges seriously, and you should, too. In order to better understand misdemeanors, it is important to consider some of the most common misdemeanor charges.
First-Offense DWI
In Texas, a first-offense DWI refers to having a blood alcohol concentration (BAC) of at least 0.08 percent, but the charge can apply to a lower BAC if the motorist’s driving is determined to be negatively affected by the consumption of alcohol. This charge is a Class B misdemeanor.
A conviction for a first-offense DWI can lead to a jail sentence of up to 180 days, fines of up to $2,000, and a license suspension. If the BAC reaches .15 percent or more, the charge can be elevated to a Class A misdemeanor, which comes with even more serious fines and penalties.
Pulling You Over
The police need a reasonable suspicion that you are in the process of committing a crime, such as driving while intoxicated, to pull you over in the first place, but it doesn’t take much to reach this level. Any wrong move behind the wheel will suffice.
What Comes Next
At this point, you will be asked to show your license and registration and to provide proof of insurance. If the officer believes you may be under the influence, you’ll likely be asked to take a breathalyzer test, and if you hit that .08 percent threshold, all the following can apply:
You will face arrest and license suspension
Your car will be temporarily impounded
Your court date will be scheduled
The Charge
A first DWI is generally charged as a Class B misdemeanor, but with legal representation, jail time can often be avoided and be replaced by court-ordered rehab and community service hours. A conviction can directly affect your job, your ability to find a job, your ability to rent a home, and your social standing overall.
Reckless Driving
You do not have to be under the influence of drugs or alcohol to be a dangerous driver, and the charge of reckless driving is common in Texas. Reckless driving generally goes beyond the garden variety forms of driver negligence, such as the following infractions:
Exhaustion
Excess speed
Failure to follow the rules of the road
Reckless driving takes things to a more dangerous level and involves the accused failing to value the safety of others on the road. Aggressive driving is a prime example.
The charge of reckless driving is typically a Class B misdemeanor that carries up to 6 months in jail and fines of up to $2,000. However, the charge can be enhanced to a Class A misdemeanor under certain circumstances, including street racing.
Disorderly Conduct
Disorderly conduct charges refer to engaging in conduct that upsets or otherwise disturbs the public’s general order. Disorderly conduct covers actions that are considered indecent, vulgar, profane, abusive, offensive, threatening, or generally annoying (such as noxious fumes or unreasonably loud noises).
While the First Amendment protects our right to free speech, Texas implements a few exceptions when that free speech crosses the line into disorderly conduct. Language that could prove dangerous (such as screaming “Fire!” in a crowded theater) or that is explicitly vulgar to the degree that it disturbs the peace generally is not protected.
The language used in the disorderly conduct statute is both broad and vague, which means that it can be applied to nearly any situation. As a result, disorderly conduct charges are often thrown in as a freebie with other charges, such as public lewdness, criminal mischief, or assault.
A conviction for disorderly conduct is typically a Class C misdemeanor, which can lead to fines of up to $500. However, if the charge involves either displaying or discharging a gun in a public place, it’s elevated to a Class B misdemeanor, which carries up to 6 months in jail and fines of up to $2,000.
Petty Theft
Petty theft is also referred to as misdemeanor theft. Theft refers to unlawfully taking another person’s property with the intention of permanently keeping it from him or her. In Texas (as in other states), theft charges are classified according to the value of the stolen property. Consider the following classifications for petty theft:
Theft is considered a Class C Misdemeanor if the property stolen is worth less than $100. This offense carries no jail time but includes fines of up to $500.
Theft is considered a Class B Misdemeanor if the property stolen is worth less than $100 (but it is a second charge), is worth between $100 and $750, or is a driver’s license or another form of identification. This offense can carry jail time of up to 180 days and fines of up to $2,000.
Theft is considered a Class A Misdemeanor if the property stolen is worth between $750 and $2,50. This offense can carry up to one year of jail time and fines of up to $4,000.
From here, the charge moves into a state jail felony and then proceeds to a flat-out felony, which can be classified as first-degree, second-degree, or third-degree, and which carries prison time.
Shoplifting
In the State of Texas, shoplifting is just another name for theft – only it happens to be from a store. Shoplifting can take forms other than stealing an item outright. For example, changing price tags on items in order to pay a lower price is a form of shoplifting.
Like theft charges, shoplifting charges are based directly on the value of the item or items in question, and the same breakdown as above applies.
Drug Crimes (Involving Small Quantities)
Drugs are classified into penalty groups in the State of Texas, and possession of a small amount of a drug in a certain penalty group is a misdemeanor. Other than for marijuana, drug possession charges are classified by penalty groups that are categorized by how dangerous the drug is considered to be and whether or not the drug has an approved medical use.
Review these common misdemeanor drug penalty groups:
Penalty Group 1
Penalty Group 1 includes heavy-hitting drugs like opioids, hallucinogens like LSD, methamphetamine, cocaine, and ketamine.
Penalty Group 2
Penalty Group 2 includes MDMA (also called “ecstasy” or “molly”), PCP or “angel dust,” hashish and other cannabinoids.
Penalty Group 2-A
Penalty Group 2-A refers to artificial cannabinoids, such as those known on the street as Spice and K2. Possession of less than a gram is a Class B misdemeanor, and possession of 1 to 4 grams is a Class A misdemeanor. Any amount over 4 grams takes the matter into felony territory.
Penalty Group 3
Penalty Group 3 refers to prescription drugs (without the necessary prescription) that have either a stimulant or depressant effect, including benzodiazepines, anabolic steroids, and more. Possession of small amounts of these drugs (less than 28 grams) is a Class B misdemeanor, which can carry jail time of up to 180 days and fines of up to $2,000.
Penalty Group 4
Penalty Group 4 refers primarily to prescription medications that are at high risk for abuse. Possession of fewer than 28 grams is a Class B misdemeanor, which can carry jail time of up to 180 days and fines of up to $2,000.
Marijuana
Marijuana does not fit in any of the other penalty groups and stands in a class of its own. While many other states have loosened their stance on marijuana and have even made recreational use of the drug legal, Texas is not counted among them. Further, purchasing marijuana legally in another state does not make it legal in Texas.
Marijuana possession charges are determined in accordance with amount of drugs involved:
Possession of up to 2 ounces of marijuana is a Class B misdemeanor that carries up to 6 months in jail and fines of up to $2,000.
Possession of from 2 to 4 ounces of marijuana is a Class A misdemeanor that carries up to a year in jail and fines of up to $4,000.
Possession of from 4 ounces to fewer than 5 pounds of marijuana is a state jail felony, which is something of a hybrid between a misdemeanor and a felony. A conviction carries from 180 days to 2 years in jail and fines of up to $10,000.
From here, the possession charge becomes a felony.
Criminal Trespassing
Criminal trespassing is a fairly complicated charge that involves the following elements:
You entered or remained on someone else’s property.
You did not have effective consent from the property owner.
You failed to depart when you were given notice that your entry was forbidden.
Trespass charges often hinge on whether the alleged trespasser was given notice that his or her entry was forbidden. The law requires that such notice be either written or oral and that it be made by the property owner, manager, or someone with apparent authority to act for the owner. Notice is also considered adequate when any of the following circumstances apply:
The property is surrounded by fencing or is otherwise enclosed in a manner that is obviously designed to keep intruders out or to keep livestock in.
There is a sign or signs forbidding entrance posted either on or at the entrance to the structure that entrants are reasonably likely to see.
Specific conditions are met, such as the use of highly identifiable purple paint marks on trees or posts on the property.
There is an obvious crop on the property that is in the process of being cultivated, harvested, or otherwise made marketable.
Criminal trespass charges are generally Class B misdemeanors, which are punishable by up to 180 days in jail and fines of up to $2,000. One exception is trespassing on agricultural land and being caught within 100 feet of the land’s boundary, which is a Class C misdemeanor that carries fines of up to $500.
Public Intoxication
Public intoxication in Texas amounts to being in a public place while intoxicated to such a degree that the person is deemed capable of harming himself, herself, or someone else.
Public intoxication is generally a Class C misdemeanor charge, which carries fines of up to $500. However, if the charge isn’t your first, you could face a Class B misdemeanor charge, and conviction means jail time of up to 6 months and fines of up to $2,000.
For those under the legal drinking age of 21, the same fines and penalties apply, but they can also face the following consequences:
License suspension
Community service hours
Mandatory enrollment in an alcohol education class
Leaving a Child in an Automobile Unattended
In Texas, it is a crime to intentionally or knowingly leave a child in a car or another kind of vehicle for more than five minutes. The charge is a Class C misdemeanor and can lead to fines of up to $500.
A Misdemeanor Is a Criminal Charge
While a misdemeanor is not as serious as a felony, it is nevertheless a criminal offense that can leave you with a criminal record. In addition to the fines and penalties you face, a misdemeanor can have serious social consequences:
Your overall social standing can take a hit.
Because your criminal record is a matter of public record, a misdemeanor conviction can make you a less-than-ideal job candidate and can make finding a job more difficult.
A conviction can affect your ability to rent a house or apartment and can even affect your ability to obtain a home loan.
If your conviction involves a DWI, you can face a license suspension that makes running your life as you know it exceptionally challenging.
A conviction can make it difficult to obtain a college degree by making it harder to gain acceptance into the college of your choice, limiting your ability to obtain a federal student loan, and decreasing your chances of obtaining on-campus housing.
If you are facing a misdemeanor charge, bringing your strongest defense from the outset is always in your best interest. Contact a skilled criminal defense attorney to help guide you through your misdemeanor charge.
Why You Need a Criminal Defense Attorney
It is true that the penalties for a misdemeanor conviction are less harsh than they would be for a felony conviction, but you can rest assured that such a conviction will upset your life in dramatic ways that you may not have even considered. Having a dedicated criminal defense attorney on your side is always well-advised – for a variety of important reasons.
Avoiding Jail Time
You do not want to spend time in jail. Even a night or two can have serious emotional and social repercussions, and doing everything you can to avoid this eventuality is well worth the effort. One of the best strategies for avoiding jail time in the face of a misdemeanor charge is working closely with a seasoned criminal defense attorney from the outset.
Avoiding a Criminal Record
Not only do you want to avoid jail time, but you also want – and need – to avoid a criminal record in the first place. As mentioned, a misdemeanor is a criminal charge, and a conviction is a criminal conviction. Discuss your case and begin building your best defense strategy with a savvy criminal defense attorney today.
Protecting Your Legal Rights
Just because you have been charged with a misdemeanor does not mean that you are guilty of a misdemeanor. In fact, the police often take a heavy-handed approach in these matters and let the prosecution sort things out (by obtaining whatever convictions they possibly can).
You are well-advised to remember that you have legal rights that are worth protecting. Your criminal defense attorney will help to ensure that you understand your legal rights and will make it his or her mission to protect these rights throughout the legal process. One favor you can do for yourself toward this end is to allow your attorney to speak on your behalf and invoke your right to remain silent.
Your attorney will help in all the following primary ways:
Building your strongest defense based on all the available evidence
Dissecting the evidence that the state has and focusing on any inherent weaknesses, inconsistencies, or ambiguity
Ensuring that you understand the legal process and make the right decisions for you throughout
Striving to ensure that you avoid jail time and a criminal record if at all possible
FAQ about Misdemeanors in Texas
The answers to the following frequently asked questions may answer your own about common misdemeanor charges in the State of Texas.
Is a Misdemeanor a Charge that Is Only Punishable by a Fine?
A misdemeanor charge can – and often does – include jail time. Only a Class C misdemeanor conviction carries no jail time, but a conviction can still include serious social consequences that shouldn’t be ignored.
Can I Be Arrested for a Misdemeanor Charge?
You can be arrested in relation to a misdemeanor charge. Only a Class C misdemeanor carries no jail time, but this doesn’t mean you can’t be arrested for the charge initially.
What Should I Do If I’m Arrested for a Misdemeanor?
If you are arrested for a misdemeanor, there are two primary steps you should take to help ensure that your rights are well protected and that your case is resolved favorably:
Invoke your right to remain silent.
Consult with a trusted Killeen criminal defense attorney as soon as it’s possible to do so.
Discuss Your Misdemeanor Charge with an Experienced Killeen Criminal Defense Attorney Today
Anyone who tells you that a misdemeanor charge is no big deal has never faced such a charge, and you should not consider him or her a reliable advisor. No matter how you parse the matter, a misdemeanor is a criminal charge, and a conviction can mean jail time (in some cases), a criminal record, a stain on your social standing, serious fines, and more.
If a misdemeanor charge is levied against you, the time to consult with a practiced criminal law attorney is right now. Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is standing by to help. Mr. Pritchard focuses his considerable practice on helping clients like you favorably resolve their misdemeanor cases and move forward into their brightest futures.
We are here for you. Our legal team has the experience, legal insight, and drive to help. For more information, please do not hesitate to contact us online or call us at (254) 781-4222 today.