What is the penalty for a misdemeanor in Texas? Although less severe than felonies, Texas misdemeanors still carry consequences that can impact your freedom, finances, and future.
Texas law divides misdemeanors into three distinct classes — Class A, Class B, and Class C. Let’s explore each and the penalties thereof.
Texas Misdemeanor Penalties
A Class A misdemeanor is typically punishable by up to a year in county jail and up to $4000 in fines. Examples include assault causing bodily injury, theft of property valued between $750 and $2500, certain types of DWI, and burglary of a vehicle.
A Class B misdemeanor is typically punishable by up to 100 days in common jail and up to $2000 in fines. Examples include first-time DWIs, possession of up to two ounces of marijuana, criminal trespass, and harassment.
A Class C misdemeanor entails no jail time and fines of up to only $500. These offenses are less serious and often include traffic violations, disorderly conduct, and public intoxication. Contact the Law Office of Philip D Ray for more information.
How TX Misdemeanor Penalties Affect You
Even a Class C misdemeanor can show up on a background check, which can affect housing, employment, and professional licensing. For instance, a reckless driving misdemeanor might result in the loss of a commercial driving permit or professional privileges.
In some cases, judges may offer probation instead of jail with supervised conditions like community service, drug testing, or mandatory therapy. While probation can help you avoid incarceration, violations can still lead to harsh penalties, including increased sentences for certain situations.
Common Misconceptions About Texas Misdemeanors
Many people believe that if there is no jail time attached, there’s nothing to worry about, but this is a dangerous assumption. Class C misdemeanors, for example, often involve citations that carry criminal implications. If you plead guilty or no contest and pay the fine, that conviction may be logged permanently on your criminal record.
Worse yet, multiple Class C convictions may be used to justify harsher penalties for future charges or trigger automatic disqualifications in employment and housing applications. And if you violate probation terms, the court may revoke it or impose the original sentence in full.
Under certain circumstances, Texas law allows for sentence enhancements, which means the charges could carry mandatory minimums or be upgraded to a felony. Enhancements apply if:
- The offence was committed against a family member
- The crime was motivated by bias or hate
- A weapon was involved
- The defendant has a prior criminal history
- The offense occurred in a disaster area
These enhancements can raise the stakes and turn what appears to be a minor case into a life-altering legal issue. Early contact with a knowledgeable Texas criminal defense attorney is essential.
What You Can Do Now
Even minor misdemeanors can carry, but you may be eligible for reduced charges, probation, or alternative sentencing. Speak to an experienced Texas Attorney as soon as possible and ask about deferred adjudication or non-disclosure options. If the court offers deferred adjudication and you complete the requirements, you may later qualify for an expunction, which erases the offense from your criminal record.
Understand the collateral impact of a Texas misdemeanor conviction. Employment, licensure, housing, and education prospects can be adversely affected, even when jail time is no longer on the table. Schedule a free, confidential consultation with the Law Office of Philip D ray today to discuss your case.