Has someone told you that getting a misdemeanor in Texas is no big deal? That you’ll pay a fine, do your community service, and then life will go on?
Not so fast.
Although misdemeanor charges are less serious than felony charges in Texas, getting convicted of a misdemeanor offense in Texas can still strip you of important rights, impact your employment and housing, and wreak havoc on your personal life — not to mention misdemeanors still come with serious legal consequences.
Continue reading to find out more about what’s really at stake when you’re facing a misdemeanor charge in Texas, and call Thiessen Law Firm at (713) 864-9000 today if you need trusted criminal defense.
Jump to a section on misdemeanors in Texas
- What happens if you get a misdemeanor in Texas?
- The different types of misdemeanors in Texas
- Punishments for misdemeanors in Texas
- Misdemeanors and your right to bear arms
- Misdemeanors and your right to drive
- Misdemeanors and visitation rights
- Can a first time misdemeanor be dismissed in Texas?
What happens if you get a misdemeanor in Texas?
Although misdemeanors carry less severe consequences than felony charges, they still carry consequences that can irrevocably change your life. Some of the most important consequences to keep in mind include:
- Legal consequences. Misdemeanor charges are less severe than felony charges in Texas; however, there are always legal consequences for being convicted of even the lowest misdemeanor charge.
- Impact on employment. Depending on your profession, even a Class C misdemeanor can disqualify you from employment or derail professional development, especially in the public sector.
- Educational implications. College students convicted of misdemeanor charges often face disciplinary actions from their schools. Not only does getting a criminal charge jeopardize things like scholarships and housing, but in some cases it can get you expelled from your school.
- Effect on personal and professional relationships. The most difficult consequence to qualify is the way that a criminal charge impacts your social and professional relationships. Although it may not be obvious that a misdemeanor charge has changed the way your friends, family, and professional connections look at you, it very often will.
Before we get into the different types of misdemeanor charges in Texas, we should take a moment for a little criminal justice PSA: a charge is not a conviction!
This means that as long as you have not been formally convicted, you still have a chance to fight — and fighting to keep misdemeanors off your record is just as important as fighting felonies.
The different types of misdemeanors in Texas
It’s pretty simple. Texas law breaks down misdemeanors into three distinct categories, each with an escalating level of severity and set of penalties:
- Class C misdemeanors
- Class B misdemeanors
- Class A misdemeanors
Class C misdemeanors in Texas
If you’re wondering “what is the lowest level of misdemeanor in Texas?” Class C misdemeanors are the least severe category of misdemeanor in Texas.
Examples of a Class C misdemeanor in Texas
Common Class C Misdemeanors include:
- Traffic violations, such as most speeding tickets, but not including parking tickets (parking tickets do not rank as misdemeanors.) Make sure you understand what constitutes an illegal traffic stop.
- Possession of drug paraphernalia, which could include bongs for smoking marijuana, rolling paper, or even other common items if you knowingly possess the paraphernalia to plant, grow, harvest, test or conceal a controlled substance.
- Disorderly conduct: a wide range of offenses that could include fighting at your kid’s little league game, making threats in school, or even creating “by chemical means, a noxious and unreasonable odor in a public place.”
- Theft of property worth less than $50. See Texas Penal Code § 12.03, 12.23 for more details.
- Public intoxication: hopefully not the reason for fighting at your kid’s little league game. See Texas Penal Code § 49.02.
Class B misdemeanors in Texas
What is a Class B Misdemeanor in Texas, does it mean jail time? The short answer is: maybe. This class of misdemeanor in Texas is more serious: higher fines, and potentially jail time, depending on your case — and your lawyer.
Examples of a Class B misdemeanor in Texas
What is considered a Class B Misdemeanor in Texas? Common Class B Misdemeanors in Texas include some relatively less severe offenses such as criminal trespass. However, a Class B Misdemeanor in Texas can also include DWI and more:
- Criminal trespass: We can guarantee you the dares, hazing, or thrills aren’t worth it. See Texas Penal Code § 30.05.
- Criminal mischief: It’s not Harry Potter, you’ll need a Houston criminal defense attorney to get your best chance at “mischief managed”. See Texas Penal Code § 12.22 for more details.
- Failure to pay child support: Your best bet is to work with a skilled Houston family law attorney to get child support modification in Texas. Depending on the amount owed and time past due, this offense quickly turns into a felony and can even be prosecuted federally.
- Possession of marijuana (up to two ounces): While efforts to decriminalize and legalize weed in Texas are progressing, hiring a great Houston marijuana attorney is still a make-or-break decision for your reputation.
- DWI in Texas first offense: Houston is crawling DWI task force members ready to put shoddy forensic science to the test. Your best shot at success? A Houston DWI lawyer who beat a triple intoxication manslaughter.
Class A misdemeanors in Texas
If you read this article from the beginning, you won’t have to ask, “Are Class A misdemeanors in Texas serious?” Simply put, Class A Misdemeanors are serious and have little separation from felonies.
Examples of a Class A misdemeanor in Texas
Common Class A misdemeanors in Texas include:
- Resisting arrest: from Texas Penal Code § 38.04.
- Assault causing bodily injury: a fight in a bar, even for a first-time assault charge, can turn into a year in jail. From Texas Penal Code § 1.07.
- Assault involving a family member: from Texas Penal Code § 22.01.
- Second offense DWI or DWI with a BAC of .15 or higher: See Texas Penal Code § 12.21 for more details.
Punishments for misdemeanors in Texas
Punishments for misdemeanor charges will depend on the type of offense, charge, and any prior offenses. With no prior offenses or aggravating circumstances, punishments and consequences for misdemeanor charges in Texas look like this:
| Charge | Maximum Fine | Jail Time |
| Class C misdemeanor | $500 | N/A |
| Class B misdemeanor | $2,000 | Up to 180 days |
| Class A misdemeanor | $4,000 | Up to one year |
Although Class C misdemeanors may seem like small potatoes, they will still appear on background checks, and getting a job with a misdemeanor is often a lot harder than getting a job without one.
While not every Class C misdemeanor will ruin your life at face value, as you’ll see later in the article, having prior convictions could mean serious consequences even for small charges down the road; the justice system often operates cumulatively, and every strike against you counts!
Class B and Class A misdemeanors, however, more immediately threaten your future. These charges already come with potential jail time, and are often one or two aggravating factors away from becoming felony charges. Although misdemeanors in Texas may seem like they aren’t cause for concern, you’ve got to fight them with all you’ve got — before they turn into something more.
Continue reading: What does a background check show?
Misdemeanors and your right to bear arms
Gun ownership may be a constitutional right, but even in Texas, that right can be stripped away if you aren’t careful. While most know that convicted felons aren’t legally permitted to own a firearm, the state of Texas can still restrict your Second Amendment rights for even being accused of certain misdemeanors like DWI, assault or disorderly conduct.
If you are arrested for and legally accused of a Class A or B Misdemeanor, your License to Carry (LTC) will be automatically suspended. This also applies to people accused of a Class C Misdemeanor involving “Disorderly Conduct.” Examples of misbehavior include:
- Public fighting
- Indecent exposure
- Publicly threatening or otherwise abusing people in public
- Behaving in a blatantly offensive way that constitutes a breach of peace
Technically, “creating a noxious odor in public” also qualifies as a Class C Disorderly Conduct offense, but we’ve yet to see someone lose their LTC over a fart!
If either you’re formally acquitted of your charges or they were dropped by the prosecutor, your LTC will be automatically restored. However, if you are convicted or plead your case down through deferred adjudication or deferred disposition, your LTC will be revoked for five full years, at which point you will then be able to reapply.
Continue reading: Can you buy a gun with a misdemeanor drug charge?
Misdemeanors and your right to drive
Unlike the right to bear arms, the right to drive a car is not constitutionally granted—this means it can be taken away by the government as they see fit. A person’s driver’s license can be suspended for a range of misdemeanor offenses within the following three main categories:
- Drug crimes: If you are found guilty of a misdemeanor drug-related offense such as possession, your driver’s license can be suspended for up to 180 days. This suspension can occur regardless of whether or not your car was involved in the crime. In some cases, you may also be required to attend and complete a drug education course before your license can be reinstated. Keep in mind this is valid even if it’s been longer than 180 days since the initial suspension. (Further reading: The Texas Penal Code & Drug Possession)
- DWI: If you are convicted of a DWI in Texas, your driver’s license could be suspended for up to two years. Your license can also be automatically suspended for refusing or failing a roadside sobriety test, requiring you and your lawyer to contest the suspension at an ALR hearing. Additionally, minors convicted of any alcohol-related offenses including possession can be hit with a driver’s license suspension.
- Traffic violations: If left unpaid or racked up habitually, tickets for Class C Misdemeanors like speeding can result in a suspended driver’s license. Under Texas law, anyone cited for four or more moving traffic violations within a 12-month period or seven or more offenses in a 24-month period is subject to having their license suspended.
And don’t forget: driving on a suspended license is a minimum Class C Misdemeanor in of itself! This offense could result in additional fines, a longer suspension, and even arrest.
Misdemeanors and visitation rights
In the state of Texas, a child’s well-being always comes before the wishes of their parents. If you are separated from your spouse and in the midst of a custody dispute, even a misdemeanor can impact your visitation rights as a parent.
Unlike your right to carry a firearm or drive, the range of misdemeanors that can impact your visitation rights isn’t so neatly defined. Because a child’s well-being can be impacted by a wide-range of factors, even the smallest criminal conviction can be used to impact your visitation rights should the judge decide they’re relevant to the child’s well-being. Some of the most common misdemeanor offenses that can limit your ability to see your child include:
- Assault (especially when a family member is involved)
- DWI
- Drug possession
- Public intoxication
- Solicitation of prostitution
Can a first time misdemeanor be dismissed in Texas?
Unless you have a top-rated attorney, getting these charges dropped or dismissed will be difficult (and getting expungement in Texas will also require the best attorney you can afford) but there are ways in which your first misdemeanor can be dropped or dismissed. Some common avenues include:
- Pretrial diversion programs are designed around educational classes, counseling, and community service. Successful completion of these programs can lead to dismissal of charges.
- Deferred adjudication sees you being put on probation and the court delaying a conviction for a specified period of time, which results in the charges being dismissed and you avoiding a conviction.
- Expungement or nondisclosure is sometimes possible even after a conviction, with the right charge and the right attorney.
- Your lawyer gets your case dismissed or proves that you are Not Guilty. Often the only way to make sure a misdemeanor charge stays off of your record is to prove that you didn’t do it. To do this you’ll need the best damn lawyer that you can find.
Charged with a misdemeanor in Texas? Don’t let it impact your rights.
Remember that a charge is not a conviction, but misdemeanors in Texas can turn into serious legal trouble before you know it. If you’ve been arrested for a misdemeanor in Texas, do not take your situation lightly.
Fight back with Mark Thiessen and his team of attorneys at Thiessen Law Firm. We’ve won 1,000s of cases for our clients accused of DWI, drug possession, and everything in between. We understand that this life is the only one that you’ll ever get, and we put everything on the line to defend it.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to defend your future.
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- Refusing a Breathalyzer in Texas: Why “Do Not Blow” is Bad Advice
- When Can Police Search Your Car in Texas?
- What Happens After Being Arrested for a DWI
- What Not To Do After a DWI Arrest
- Can a Breathalyzer Test Be Wrong?
