Misdemeanors in Texas are categorized into three classes, each carrying different potential punishments:
Class A Misdemeanors
Class A misdemeanors are the most serious type of misdemeanor in Texas. They can result in:
- Up to 1 year in county jail¹
- Fines up to $4,000¹
Examples: Assault causing bodily injury, burglary of a vehicle, and theft of property valued between $750 and $2,500¹.
Class B Misdemeanors
Class B misdemeanors are less severe than Class A but can still lead to significant penalties:
- Up to 180 days in county jail²
- Fines up to $2,000²
Examples: Possession of small amounts of marijuana (up to 2 ounces), driving while intoxicated (first offense), and criminal trespass.
Class C Misdemeanors
Class C misdemeanors are the least serious and generally do not result in jail time:
- Fines up to $500³
Examples: Public intoxication, minor traffic violations, and disorderly conduct.
Legal Proceedings and Sentencing
When charged with a misdemeanor in Texas, the legal process typically includes:
- Arrest or Citation: Depending on the misdemeanor, you may be arrested or receive a citation.
- Arraignment: You will appear in court to hear the charges and enter a plea.
- Trial or Plea Bargain: You may go to trial or accept a plea bargain.
- Sentencing: If convicted, the judge will impose a sentence based on the class of misdemeanor.
Potential for Jail Time
The possibility of jail time depends on the class of misdemeanor:
- Class A: Jail time is common, especially for repeat offenders or severe offenses.
- Class B: Jail time is possible but may be avoided with plea bargains or probation.
- Class C: Jail time is rare; these misdemeanors typically result in fines or community service.
Enhancements and Aggravating Factors
Certain factors can enhance the severity of a misdemeanor, potentially leading to increased penalties:
- Repeat Offenses: Prior convictions can lead to harsher sentences.
- Use of Weapons: Involvement of weapons can elevate a misdemeanor to a felony.
- Victim Vulnerability: Crimes against vulnerable individuals (e.g., children or elderly) may result in stricter penalties.
Key Takeaways
References
¹Texas Penal Code § 12.21
²Texas Penal Code § 12.22
³Texas Penal Code § 12.23