A misdemeanor is less serious than a felony, but it is still a criminal charge. A conviction can show up on background checks. It can affect your job, your housing, a professional license, and, for people who are not citizens, immigration status.
I have seen misdemeanor cases from every seat in the courtroom: as a defense lawyer, as a Municipal Judge, and as a prosecutor. That experience helps me spot what matters in a case and explain it to you in plain English.
What you’re facing
Texas has three classes of misdemeanors. Under the Texas Penal Code, the possible punishments are:
- Class A misdemeanor: up to one year in county jail, a fine, or both.
- Class B misdemeanor: up to 180 days in county jail, a fine, or both.
- Class C misdemeanor: a fine only, with no jail time as punishment.
Class A and Class B cases are generally heard in a county-level court, such as a county court at law. Class C cases are generally handled in a justice of the peace court or a municipal court.
Common misdemeanor charges include first-offense DWI, assault, theft, drug possession of small amounts, criminal trespass, and driving with an invalid license. Some misdemeanors can carry a higher class, or even become felonies, because of prior convictions or other facts.
How a misdemeanor case moves
- Arrest or citation. For Class A and B cases, most people are arrested, see a magistrate, and post bond.
- Charging. The prosecutor files a formal charge, usually a document called an information.
- Court settings. Your case is set on the court’s docket. Evidence is shared, and the two sides may talk about how to resolve it.
- Resolution. The case may be dismissed, resolved by agreement, or go to trial.
What to do now
- Keep your bond paperwork and write down your first court date.
- Never miss a court setting. Missing court can lead to a warrant and a new charge.
- Follow every bond condition, such as no alcohol, no contact, or reporting requirements.
- Do not talk about the case with anyone except your lawyer.
- Call me before your first court date.
How I can help
A misdemeanor still deserves a careful look. In each case, I generally:
- Review the police report, video, and witness statements.
- Check whether the stop, search, or arrest was lawful.
- Talk with you about your goals, such as protecting your record or your job.
- Explore whether options beyond a trial or a guilty plea may fit your case.
Depending on the charge, your history, and the county, those options may include a dismissal, a reduced charge, deferred adjudication, or a pretrial diversion program. Whether any of these is available depends on the facts.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
It is only a misdemeanor. Do I really need a lawyer? A misdemeanor can still bring jail time and a lasting record. A lawyer can help you understand your choices before you decide anything.
What is deferred adjudication? It is a form of community supervision in which the judge does not enter a finding of guilt right away. If you complete all conditions, the case ends with no conviction. If you violate a condition, the court may find you guilty and sentence you.
Will I have to go to court? In most Class A and B cases, yes, at least for some settings. I will tell you which dates you must attend.
Can a misdemeanor affect my immigration status? It can. If you are not a U.S. citizen, tell me right away so your status is part of how the case is handled.
Talk with me about your case
Call me at (346) 366-7566 for a free consultation. You can also email kyle@vancedefense.com.