Yes, a misdemeanor is a crime under Texas law. Although misdemeanors are less serious than felonies, they are still criminal offenses that may result in fines, probation, community service, or jail time, depending on the charge. A conviction can also leave you with a criminal record that may affect employment, housing, professional licensing, and other opportunities.
If you have been arrested or charged with a misdemeanor in Texas, understanding your legal rights is essential. An experienced Houston criminal defense attorney can evaluate your case, explain your options, and work to reduce or dismiss the charges whenever possible.
What Is a Misdemeanor?
A misdemeanor is a criminal offense that is more serious than an infraction but less serious than a felony. In Texas, misdemeanors are divided into three classes based on the severity of the offense and the penalties authorized by law. While these crimes generally involve shorter jail sentences and lower fines than felonies, they should not be taken lightly.
A misdemeanor conviction may affect your criminal record, employment opportunities, educational prospects, and professional licenses. Depending on the offense and the outcome of your case, you may also face probation, court-ordered classes, restitution, or other legal consequences.
What Crimes Are Considered Misdemeanors?
Many offenses qualify as misdemeanors when they involve less serious conduct or cause limited harm. The classification depends on Texas law, the facts of the case, and whether the accused has previous criminal convictions. Below are some of the most common misdemeanor offenses prosecuted in Texas.
Minor Assault
Minor assault generally involves intentionally, knowingly, or recklessly causing bodily injury, threatening another person with imminent harm, or making offensive physical contact. In Texas, many simple assault cases are charged as misdemeanors when no serious injuries or deadly weapons are involved. Penalties may include fines, probation, or county jail time depending on the circumstances. Prior convictions or aggravating factors may increase the severity of the charge.
Petty Theft
Petty theft involves unlawfully taking another person’s property valued below the felony threshold established under Texas law. Common examples include shoplifting, stealing personal belongings, or taking merchandise without paying for it. Although considered a less serious theft offense, a conviction can still result in criminal penalties and a permanent record. Courts may also order restitution in addition to fines or probation.
Disorderly Conduct
Disorderly conduct includes behaviour that disturbs the public peace or creates a risk of public alarm. Examples may include fighting in public, making unreasonable noise, using abusive language in certain situations, or displaying a firearm in a manner intended to cause fear. While often charged as a misdemeanor, the penalties depend on the facts of each case. A conviction may result in fines, community service, or other court-ordered penalties.
Criminal Trespass
Criminal trespass occurs when someone knowingly enters or remains on another person’s property without effective consent. The offense may involve residential, commercial, agricultural, or restricted government property. Depending on the location and circumstances, trespassing is commonly prosecuted as a misdemeanor in Texas. Penalties may include fines, probation, or county jail time for more serious violations.
Criminal Mischief
Criminal mischief involves intentionally or knowingly damaging, destroying, or tampering with another person’s property without permission. Acts such as graffiti, broken windows, damaged fences, or vandalism commonly fall within this offense. The severity of the charge generally depends on the amount of property damage involved. Even a misdemeanor conviction can result in fines, restitution, probation, or jail time.
Public Intoxication
Public intoxication occurs when a person appears in a public place while intoxicated to the extent that they may endanger themselves or others. Although it is often viewed as a minor offense, it is still a criminal misdemeanor under Texas law. A conviction may result in fines and become part of a person’s criminal record. Repeat alcohol-related offenses may also lead to additional legal consequences.
Driving With a Suspended License
Driving with a suspended, revoked, or invalid driver’s license may result in misdemeanor charges depending on the reason for the suspension. Individuals who continue operating a vehicle despite losing their driving privileges may face criminal penalties. The consequences can include fines, additional licence suspension, probation, or county jail time. Repeat violations often carry more severe penalties under Texas law.
Harassment
Harassment involves certain communications or conduct intended to threaten, alarm, annoy, torment, or embarrass another person. This may include repeated phone calls, electronic messages, or other forms of unwanted communication prohibited by Texas law. Many harassment cases are prosecuted as misdemeanors unless aggravating circumstances justify enhanced charges. A conviction can lead to fines, probation, protective orders, or jail time.
Reckless Driving
Reckless driving involves operating a vehicle with willful or wanton disregard for the safety of other people or property. Dangerous behaviours such as excessive speeding, aggressive lane changes, street racing, or ignoring traffic signals may support a misdemeanor charge. Unlike a standard traffic violation, reckless driving is a criminal offense that can carry fines, county jail time, or both. A conviction may also affect your driving record, insurance rates, and future employment opportunities.
Other Misdemeanor Offenses
In addition to the offenses listed above, Texas law recognizes many other crimes that may be prosecuted as misdemeanors depending on the facts of the case. The classification of these offenses often depends on the circumstances, prior criminal history, and the applicable provisions of the Texas Penal Code. Common examples include:
- Possession of marijuana (where permitted under applicable law)
- Certain DWI offenses
- Prostitution-related offenses
- Violation of protective orders
- False reports to law enforcement
- Unlawful carrying of a weapon in certain circumstances
- Minor alcohol-related offenses
- Certain wildlife and hunting violations
The classification and penalties for every misdemeanor offense depend on the specific facts of the case, the applicable Texas statutes, and whether the accused has previous convictions. Because criminal charges can vary widely, consulting an experienced criminal defense attorney can help you understand the potential consequences and available legal options.
A misdemeanor conviction can have lasting consequences even if the charge seems minor. The Law Office of Michael Bates provides experienced criminal defense representation for individuals facing misdemeanor charges throughout Texas.
What Happens After You Are Charged With a Misdemeanor?
Being charged with a misdemeanor begins a legal process that may involve multiple court appearances before your case is resolved. The exact process depends on the charge, the evidence, and the circumstances of your case, but understanding the general steps can help you prepare for what comes next.
Arrest or Criminal Citation
A misdemeanor case typically begins when law enforcement arrests you or issues a criminal citation requiring you to appear in court. Following an arrest, you may be booked, fingerprinted, photographed, and held until bail is set or you are released. In some cases, officers may issue a citation instead of making a custodial arrest. The way your case begins depends on the alleged offense and the surrounding circumstances.
Initial Court Appearance
Your first court appearance is often called an arraignment or initial hearing, where the judge formally informs you of the charges against you. The court will explain your constitutional rights, including your right to legal counsel and a fair trial. The judge may also address bond conditions, release terms, and schedule future court dates. Attending all required hearings is essential to avoid additional legal consequences.
Entering a Plea
At an early stage of the case, you will generally be asked to enter a plea of guilty, not guilty, or no contest, where permitted by law. Each plea carries different legal consequences and may affect how your case proceeds through the court system. Before making any decision, you should discuss your options with an experienced criminal defense attorney. Your lawyer can explain the potential outcomes and recommend the best strategy based on the facts of your case.
Pretrial Proceedings
Before trial, both the prosecution and the defense gather evidence, interview witnesses, and review the facts of the case. Attorneys may file legal motions, challenge evidence, or negotiate a plea agreement to resolve the matter without going to trial. Many misdemeanor cases are settled during this phase through dismissal, reduced charges, or negotiated resolutions. The strength of the evidence often plays a significant role in these discussions.
Trial or Sentencing
If your case proceeds to trial, the prosecution must prove every element of the alleged offense beyond a reasonable doubt. Both sides have the opportunity to present evidence, question witnesses, and make legal arguments before the judge or jury. If you are found guilty or choose to plead guilty, the court will impose a sentence based on Texas law and the specific circumstances of your case. The sentence may include fines, probation, county jail time, community service, or other court-ordered conditions.
Penalties for a Misdemeanor Conviction in Texas
The penalties for a misdemeanor conviction vary depending on the classification of the offense, the circumstances surrounding the case, and whether you have previous criminal convictions. Under the Texas Penal Code, misdemeanor convictions may result in jail time, fines, probation, and other court-ordered penalties.
- Class A Misdemeanor (Texas Penal Code § 12.21): Punishable by up to 1 year in county jail, a fine of up to $4,000, or both. This is the most serious misdemeanor classification in Texas and often applies to offenses such as assault causing bodily injury and certain theft crimes.
- Class B Misdemeanor (Texas Penal Code § 12.22): Punishable by up to 180 days in county jail, a fine of up to $2,000, or both. Many offenses, including criminal trespass and some first-time DWI charges, fall into this category.
- Class C Misdemeanor (Texas Penal Code § 12.23): Generally punishable by a fine of up to $500 and typically does not carry jail time, unless another Texas law authorizes additional penalties. Public intoxication and some disorderly conduct offenses are common examples.
- Probation (Community Supervision): Instead of imposing jail time, a judge may place you on probation with conditions such as reporting to a probation officer, completing community service, attending counselling or treatment programmes, paying restitution, and complying with all court-ordered requirements.
- Criminal Record: A misdemeanor conviction generally becomes part of your criminal record unless it is later removed through an expunction or limited by an Order of Nondisclosure. A criminal record may affect employment opportunities, housing applications, professional licences, education, and other aspects of your future.
- Additional Consequences: Depending on the offense, a conviction may also result in driver’s licence consequences, mandatory educational programmes, protective orders, restitution payments, or enhanced penalties for future criminal offenses.
How Long Does a Misdemeanor Stay on Your Record?
In Texas, a misdemeanor conviction generally remains on your criminal record indefinitely unless it is removed through an expunction or restricted by an Order of Nondisclosure. How long it stays on your record depends on the outcome of your case and whether you qualify for record-clearing relief under Texas law.
- Convictions Usually Remain Permanently: A misdemeanor conviction does not automatically disappear after a certain number of years in Texas. Unless you qualify for legal relief, it may remain on your criminal record indefinitely.
- Dismissed Cases May Qualify for Expunction: If your case was dismissed, you were acquitted, or your arrest did not result in a conviction, you may be eligible to have your record permanently removed through an expunction if you meet the legal requirements.
- Orders of Nondisclosure: Some individuals who successfully complete deferred adjudication or meet other eligibility requirements may qualify for an Order of Nondisclosure, which limits public access to their criminal record without completely erasing it.
- Waiting Periods May Apply: Certain record-clearing options require you to wait a specific period before filing. The required waiting time varies depending on the offense, the disposition of your case, and Texas law.
- Consult a Criminal Defense Attorney: Because eligibility for expunction or nondisclosure depends on the facts of your case, an experienced criminal defense attorney can help determine whether your record can be removed or sealed and guide you through the legal process.
Wondering if your misdemeanor can be removed from your record? Speak with an experienced attorney to discuss your legal options.
What to Do After You Are Arrested for a Misdemeanor
Being arrested for a misdemeanor can be overwhelming, but the steps you take afterward may affect the outcome of your case. Understanding your rights and acting carefully can help protect your legal interests throughout the criminal process.
- Remain Calm and Cooperate: Stay calm during the arrest and avoid resisting law enforcement. Cooperating with officers does not mean you have to answer questions about the alleged offense.
- Exercise Your Right to Remain Silent: You have the constitutional right to remain silent and avoid making statements that could be used against you. Politely decline to answer questions until you have spoken with an attorney.
- Contact a Criminal Defense Lawyer: An experienced attorney can explain the charges, protect your rights, communicate with prosecutors, and begin building a defence strategy as early as possible.
- Appear at All Court Hearings: Missing a scheduled court date can lead to additional penalties, including a warrant for your arrest. Attend every hearing and follow all court orders.
- Follow Your Bond Conditions: If you are released on bond, carefully comply with all conditions imposed by the court. Violating bond terms could result in your release being revoked.
- Avoid Discussing Your Case: Do not discuss your case with friends, family, or on social media. Statements made outside of court may be used as evidence during the prosecution.
- Gather Important Information: Keep copies of court documents, citations, witness information, and any evidence that may help your attorney evaluate and defend your case.
Protect your rights by speaking with a criminal defense lawyer near me today. Schedule your free consultation.
Don’t Face a Misdemeanor Charge Alone
A misdemeanor charge can have lasting consequences beyond fines or jail time. A conviction may affect your criminal record, employment opportunities, professional licences, and future prospects, making experienced legal representation an important part of protecting your rights.
The Law Office of Michael Bates is committed to providing strong criminal defense for individuals facing misdemeanor charges in Texas. Contact our team today for a free consultation to discuss your case and explore the best legal options for your situation.