Understanding The Common Misdemeanor Offenses In Texas

Do you know what constitutes a misdemeanor crime in Texas? Misdemeanor offenses may not be as severe as felonies, but the consequences can still be significant.

According to the Texas Penal Code, a misdemeanor is a criminal offense punished with fines, jail time not exceeding one year in a county jail, community service, or probation. Misdemeanors are grouped into three classes: Class A, Class B, and Class C, depending on the severity of the offense and the potential punishment.

Understanding the common examples of misdemeanor offenses in Texas is essential, as individuals may unknowingly commit one and face consequences that can have lasting impacts on their lives. Understanding the various categories of misdemeanors, the potential penalties, and the Texas Penal Code can help individuals make informed decisions and protect their rights. 

Classifications Of Misdemeanor Offenses In Texas

In Texas, misdemeanors are divided into three categories based on the severity of the offense and the potential punishment: Class A, Class B, and Class C. Understanding the different categories is crucial in determining the possible consequences of a particular crime.

Class A Misdemeanor

Class A misdemeanors are considered the most serious of the three categories and carry a fine not to exceed $4,000 and up to a year in county jail (Texas Penal Code, Section 12.21). Common examples of Class A misdemeanors include assault, driving while intoxicated (DWI), and theft of property worth $750 or less.

Class B Misdemeanor

Class B misdemeanors are considered less severe than Class A and carry a fine not exceeding $2,000 and up to 180 days in county jail (Texas Penal Code, Section 12.22). Common examples of Class B misdemeanors include criminal trespass, possession of a controlled substance, and prostitution.

Class C Misdemeanor

Class C misdemeanors are the least serious of the three categories and carry a fine not to exceed $500 (Texas Penal Code, Section 12.23). Common examples of Class C misdemeanors include disorderly conduct, public intoxication, and criminal mischief.

It’s important to note that these are just general guidelines and that the specific penalties for a particular offense can vary depending on the circumstances of each case. For example, the fines for assault can range from a Class C misdemeanor to a first-degree felony, depending on the severity of the injury inflicted and other factors. Hence, it is recommended to consult with a criminal defense attorney to determine the specific consequences of a particular offense.

Now that the classifications of different misdemeanors in Texas have been discussed, it is time to look at some of the most common examples of Class A misdemeanors in the state. 

Common Examples Of Class A Misdemeanors

Class A misdemeanors are considered the most serious of the three categories in Texas and carry the most severe penalties. Here are some of the common examples of Class A misdemeanors. 

Assault

Assault is defined as intentionally or knowingly causing bodily injury to another person (Texas Penal Code, Section 22.01). This type of crime can be considered a Class C misdemeanor to a first-degree felony, depending on the severity of the injury inflicted and other factors. For example, if the assault involves serious bodily injury, it can be classified as a third-degree felony.

Driving While Intoxicated (DWI)

Driving while intoxicated (DWI) is a Class B or Class A misdemeanor, depending on the circumstances of the offense (Texas Penal Code, Section 49.04). A first-time DWI offense is typically classified as a Class B misdemeanor, but it can be elevated to a Class A misdemeanor if there was a child under the age of 15 in the vehicle at the time of the offense.

Theft Of Property Worth $750 Or Less

Theft is defined as the unlawful appropriation of property with the intent to deprive the owner of the property (Texas Penal Code, Section 31.03). Theft of property worth $750 or less is classified as a Class A misdemeanor, while theft of more than $750 is considered a state jail felony.

The above are some of the examples of Class A misdemeanors in Texas. The next examples of misdemeanors are less severe but are still considered criminal acts. 

Examples Of Class B Misdemeanor Offenses

Class B misdemeanors are considered less severe than Class A but carry significant penalties. Here are some examples of Class B Misdemeanor offenses.

Criminal Trespass

Criminal trespass is entering or remaining on someone else’s property without effective consent (Texas Penal Code, Section 30.05). Depending on the case’s circumstances and the property’s location, this offense may be considered from a Class B to a Class A misdemeanor. For example, criminal trespass of a habitation (a person’s home) is a Class A misdemeanor.

Possession Of A Controlled Substance

Possession of a controlled substance is a criminal offense in Texas (Texas Health and Safety Code, Chapter 481). Depending on the type and amount of the controlled substance, it can be classified as a Class C to a first-degree felony. Possession of a small amount of a controlled substance for personal use is typically classified as a Class B misdemeanor.

Prostitution

Prostitution is the exchange of sexual conduct for a fee (Texas Penal Code, Section 43.02). This offense is classified as a Class B misdemeanor. Still, it can be elevated to a Class A misdemeanor if the individual has been previously convicted of prostitution or if the individual compelled another person to engage in prostitution.

The next section will discuss some of the most common examples of the least severe misdemeanor offenses classified in Texas. 

Common Examples Of Class C Misdemeanor Offenses

Class C misdemeanors are considered the least severe of the three categories in Texas and carry the least severe penalties. Here are some of the state’s most common Class C misdemeanor offenses.

Disorderly Conduct

Disorderly conduct is behavior likely to cause alarm, annoyance, or inconvenience to others (Texas Penal Code, Section 42.01). Examples of disorderly conduct include fighting, making unreasonable noise, or using offensive language in a public place. This offense is classified as a Class C misdemeanor.

Minor In Possession Of Alcohol

It is illegal for individuals under 21 to purchase, possess, or consume alcohol in Texas (Texas Alcoholic Beverage Code, Section 106.04). This offense is classified as a Class C misdemeanor.

Traffic Violations

Many traffic violations in Texas are classified as Class C misdemeanors, including failing to yield the right-of-way, running a stop sign, or following a traffic signal. Penalties for these offenses typically include fines and community service but do not involve jail time.

These are just a few examples of Class C misdemeanor offenses. The punishment and penalties that come with a conviction for these offenses will be discussed in the next section.

Penalties For Misdemeanor Offenses In Texas

The penalties for committing a misdemeanor offense in Texas can range from fines to jail time and community service. The severity of the penalties will depend on the classification of the offense, with Class A carrying the most severe penalties and Class C having the lightest. Despite this difference, it is essential to note that a conviction for any classification of a misdemeanor can have lasting consequences, and it is always advisable to consult with a criminal defense lawyer if you face such charges. 

It is highly recommended to consult with a criminal defense attorney to determine the specific consequences of a particular offense and to ensure that your rights are protected throughout the legal process. In doing so, you and your attorney can work hand-in-hand to come up with defenses against the misdemeanor offense charged to you. 

Defenses For Misdemeanor Offenses

Individuals charged with a misdemeanor offense in Texas can mount a defense and challenge the charges against them. Some common defenses for misdemeanor offenses include:

• Lack of evidence: The charges may be dismissed if the prosecution cannot present sufficient evidence to prove that the defendant committed the offense. This could be the case if the prosecution’s witnesses are unreliable or the physical evidence needs to be stronger or more circumstantial.
• Constitutional violations: If the police obtained evidence illegally (for example, through an unlawful search or seizure), the defendant might be able to have that evidence excluded from court. If the exclusion of this evidence would make it easier for the prosecution to prove its case, the charges may be dismissed.
• Mistake of fact: In some cases, the defendant may have believed they were acting legally. For example, if an individual was unaware that they were carrying a prohibited item, they may have a valid defense against a charge of possessing it.
• Duress or necessity: If the defendant committed the offense because they were under pressure (such as being threatened with physical harm) or because they felt that there was no other reasonable option (such as committing a minor crime to prevent more significant damage), they might have a valid defense.

These are just a few examples of the types of defenses available in a misdemeanor case. The specific defenses available will depend on the facts of each case. You can consult with a criminal defense attorney to determine the defense strategy that is good for your case.

How The Medlin Law Firm Can Help

Being charged with a misdemeanor offense in Texas can be a confusing, stressful, and overwhelming experience. The criminal defense lawyers from The Medlin Law Firm are here to help. Their attorneys have extensive experience representing clients in a wide range of misdemeanor cases, and they know what it takes to build a strong defense and achieve a positive outcome for their clients. 

Whether you’ve been charged with a Class A, B, or C misdemeanor, they have the skills and knowledge to help you navigate the legal system and protect your rights. Some of the ways that they can help you include the following.

• Conducting a thorough investigation of your case: They’ll thoroughly review the evidence against you and work to uncover any weaknesses in the prosecution’s case. They may also investigate to gather additional evidence supporting your defense.
• Negotiating with the prosecution: In some cases, it may be possible to negotiate a plea bargain that reduces the charges against you or results in a more lenient sentence. Their attorneys have extensive experience negotiating with prosecutors and will work to get you the most favorable deal possible.
• Representing you in court: If your case goes to trial, they will be there every step to represent you and ensure your rights are protected. They will call witnesses, cross-examine the prosecution’s witnesses, and make compelling arguments on your behalf.
• Advocating for your rights: Regardless of the outcome of your case, they will always be there to advocate for your rights and ensure that you receive fair and just treatment.

The criminal defense lawyers from The Medlin Law Firm can help if you’re facing a misdemeanor charge in Texas. Contact them today to schedule a consultation and learn more about how they can help you.

Also Read: Expunction And Sealing Of Misdemeanor Records
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