Everything You Need to Know About Misdemeanors in Texas

Cole Paschall Law on October 17, 2022

If you’ve been charged with a misdemeanor in Texas, it’s important to understand the ins and outs of the state’s criminal justice system. Misdemeanors are typically less serious than felonies, but they can still come with significant penalties, especially for some type of assault charges.

Cole Paschall Law will run you through everything you need to know about misdemeanors in Texas, from the types of charges you could face to how a defense attorney can help you.

What Is a Misdemeanor? How Is It Different from a Felony?

In Texas, a misdemeanor is defined as a crime that is punishable by up to one year in county jail and/or a fine of up to $4,000. By contrast, a felony is a more serious offense that is punishable by more than one year in state prison and/or a fine of more than $10,000.

Common Misdemeanor Classes (and What They Mean)

Before we jump into discussing some of the most common misdemeanor charges in Texas, it’s important to understand the different classes of misdemeanors. In Texas, there are three classifications for misdemeanors: Class A, Class B, and Class C.

1. Class A

Class A misdemeanors are the most serious type of misdemeanor. They are punishable by up to one year in county jail and/or a fine of up to $4,000. Examples of Class A misdemeanors include driving while intoxicated (DWI) and assault.

This classification of misdemeanor also extends to first-time offenders of certain low-level felonies. For example, if you are convicted of a Class C felony but it is your first offense, you will be charged with a Class A misdemeanor.

2. Class B

Class B misdemeanors are punishable by up to 180 days in county jail and/or a fine of up to $2,000. Common examples of Class B misdemeanors include possession of marijuana and theft of property valued at less than $100.

Some cases like public intoxication and disorderly conduct may be punishable by either a Class B misdemeanor or a Class C misdemeanor, depending on the circumstances.

3. Class C

Class C misdemeanors are the least serious type of misdemeanor. They are punishable by a fine of up to $500. Some common examples of Class C misdemeanors include minors in possession of alcohol and driving with an expired license.

Like Class B misdemeanors, some cases like disorderly conduct and public intoxication can be Class C misdemeanors or higher depending on the circumstances.

Examples of Misdemeanors

As we mentioned, there are many different types of misdemeanors in Texas. Here are just a few examples:

1. Assault

An assault charge is a misdemeanor in the state of Texas if it is classified as a Class A, B, or C offense. Simple assault is typically charged as a Class C misdemeanor, which is punishable by a fine of up to $500. However, if the assault is against a family member, roommate, or dating partner, it can be enhanced to a Class A misdemeanor assault. Aggravated assault involving a deadly weapon is also a Class A misdemeanor.

Some specific examples are assault by threat, assault causing serious bodily injury, and aggravated assault crimes. Aggravated sexual assault, which is a type of sexual assault that involves additional factors such as the use of a deadly weapon, can also be charged as a misdemeanor.

Other types of assault include deadly conduct, which is when someone discharges a firearm in a public place; family violence; and terroristic threat, which is when someone threatens to commit a crime of violence.

There is also some type of assault charges, such as deadly conduct and family violence, that can be enhanced to a felony if the offender has certain prior convictions.

2. Driving While Intoxicated (DWI)

This offense can range from a Class B misdemeanor to a felony, depending on factors like your blood alcohol content (BAC) level and whether you have any prior DWI convictions.

Some situations like driving with a BAC of .08% or higher, driving while intoxicated with a child passenger, and intoxication assault will result in a Class B misdemeanor DWI charge. If you have one prior DWI conviction, your offense will be enhanced to a Class A misdemeanor.

3. Theft

Theft offenses can range from shoplifting to identity theft and are typically classified as either misdemeanors or felonies depending on the value of the property stolen.

Theft that can cause serious bodily harm to another person is always classified as a felony, regardless of the value of the property stolen.

4. Public Intoxication

This offense is usually classified as a Class C misdemeanor, but it can be upgraded to a Class B misdemeanor if you become disruptive or cause danger to yourself or others. Specific examples of this are public urination, disorderly conduct, and being a minor in possession of alcohol.

5. Criminal Mischief

Criminal mischief is when someone intentionally or knowingly damages another person’s property without their consent. This offense covers a wide range of property crimes like vandalism, graffiti, and damaging someone else’s property. The severity of the offense will typically determine whether it is classified as a misdemeanor or felony.

If you face this type of charge, it is important to have a qualified criminal defense lawyer from the best law firm on your side to help you navigate the legal system, especially when you are found with a deadly weapon where assault charges might be dropped.

6. Criminal Trespass

This offense can range from trespassing on someone’s property to breaking into their home or car. The classification will depend on the type of property involved and the severity of the offense.

Some specific examples of criminal trespass are trespassing on a construction site, entering someone’s home without their consent, and damaging someone’s property.

7. Probation Violation

If you are on probation for a misdemeanor offense and you violate the terms of your probation, you can be charged with a misdemeanor. The type of probation violation will determine the classification of the offense.

Some specific examples of probation violations are failing to report to your probation officer, leaving the state without permission, and being arrested for another crime.

Partnering with a Defense Attorney for Your Misdemeanor Case

If you have been charged with a misdemeanor, it is important to partner with an experienced criminal defense attorney who can help you navigate the legal process and protect your rights.

At Cole Paschall Law, our team of Fort Worth criminal defense lawyers has experience handling all types of misdemeanor cases, from assault and DWI to theft and public intoxication. We will work tirelessly to ensure that you receive the best possible outcome in your case.

We also offer different services for those who need a defense attorney for a family violence case or anyone who is looking for a lawyer that specializes in probation violations.

We build a strong attorney-client relationship by providing straightforward answers to all of your questions and keeping you updated throughout every step of your case. Don’t let a misdemeanor charge ruin your life. Contact us today to schedule a free consultation with one of our attorneys.

Penalties for Theft Convictions in Texas

No matter what type of misdemeanor you are facing, it is important to understand the possible penalties and how to best defend yourself against the charges. Here are the potential penalties for some of the most common misdemeanor offenses in Texas:

1. Third-Degree Felony Theft Offenses

Penalties that fall under this category are generally punishable by 2 to 10 years in prison and a fine of up to $10,000. This type of penalty also applies to some first-degree felonies.

This type of penalty is typically given to those who have stolen property worth more than $2,500 but less than $30,000. The type of property that was stolen will also affect the penalty.

2. Second-Degree Theft Offenses

If you are facing a second-degree theft offense in Texas, then you could be facing anywhere from 2 to 20 years in jail and a fine of up to $10,000. Second-degree theft offenses include burglary of a habitation, vehicle, or place of business.

Facing this kind of charge can be stressful, which is why it is important to have a qualified criminal defense lawyer on your side.

3. First-Degree Grand Theft Penalties

First-degree grand theft is when the value of the property stolen is over $200,000. The penalties for this type of theft are punishable by 5 to 99 years in prison and a fine of up to $10,000.

It is important to take note that the penalties for grand theft are harsher than the penalties for other types of misdemeanor offenses. This is because grand theft is considered a serious felony offense in Texas. But just like an assault charge, the penalties for grand theft depend on the type and value of the property stolen.

4. Intoxication Assault Penalties

Intoxication assault is a type of third-degree felony that can result in 2 to 10 years in prison and a fine of up to $10,000.

When facing this kind of charge, you must find criminal defense lawyers who have experience with intoxication assault cases. This type of charge is serious and can result in harsh penalties, which is why it is important to have an attorney who knows how to aggressively defend your case.

5. Driving While License Invalid Penalties

Driving with a suspended or revoked license is a type of misdemeanor offense that can result in a fine of up to $500. If you are facing this type of charge, it is important to contact a qualified Fort Worth criminal defense lawyer who can help you fight the charges.

You must also make sure that you do not drive with a suspended or revoked license again, as this could result in more serious penalties, including jail time.

FAQ

What is the penalty for theft in Texas?

The penalties for theft in Texas depend on the type and value of the property stolen. For example, third-degree felony theft is punishable by 2 to 10 years in prison and a fine of up to $10,000.

You must make sure that you understand the type of misdemeanor you are facing and the possible penalties before you can decide how to best defend yourself.

Can a misdemeanor theft be expunged in Texas?

Yes, in some cases a misdemeanor theft can be expunged in Texas. The process of expungement is complicated and you will need to hire an experienced criminal defense attorney to help you navigate the process.

But first, you must make sure that you are eligible for expungement. To be eligible, you must have completed your probationary period and not been convicted of any other crimes. You must also wait at least two years from the date of your arrest to apply for expungement.

How can I drop theft charges in Texas?

Theft charges in Texas can only be dropped by the prosecutor. If you have been charged with theft, you will need to hire an experienced criminal defense attorney who can negotiate with the prosecutor on your behalf.

Just like an aggravated assault charge, the prosecutor will consider the type and value of the property stolen when deciding whether or not to drop the charges. They will also take into account your criminal history and any mitigating factors that may be present in your case. Having the best law firm by your side will give you the best chance of having the charges against you dropped.

What is the lowest misdemeanor in Texas?

The lowest type of misdemeanor in Texas is a Class C misdemeanor. This type of misdemeanor is punishable by a fine of up to $500. This type of misdemeanor includes the act of driving while your license is invalid, harassment, and some first-time DWI offenses.

While the penalties for a Class C misdemeanor are not as severe as those for other types of misdemeanors, it is still important to hire an experienced criminal defense attorney in Fort Worth if you have been charged with this type of offense.

How much does a misdemeanor affect your life?

A misdemeanor can have a significant impact on your life. A misdemeanor conviction can result in jail time, a fine, or both. It can also lead to a criminal record, which can make it difficult to find employment or housing.

If you are facing a misdemeanor charge, it is important to hire an experienced criminal defense attorney in Fort Worth who can help you fight the charges. Having an attorney by your side can make all the difference in the outcome of your case.

DUI Defense: Overview of Arrest and Processing

Cole Paschall Law on October 1, 2022

If you’ve been arrested for DUI Defense, you may be feeling overwhelmed and uncertain of what to do next. An experienced attorney for Fort Worth DUI arrests can guide you through the process and help you understand your rights and options.

At Cole Paschall Law, we have extensive experience handling DUI cases in Fort Worth. We know the ins and outs of the law and can help you build a strong defense.

Here’s everything you need to know and expect after a DUI Defense arrest in Fort Worth.

DUI Defense Lawyer: DUI Arrest and Processing (DWI Offense Report)

Just like any other criminal penalties, Fort Worth police, and even Dallas police, will follow a similar process when arresting an individual for driving under the influence of alcohol or drugs.

The following is a general overview of what you can expect after a Fort Worth DUI Defense or DWI charge:

  1. Initial Observations
    The first thing the arresting officer will do is make observations about your appearance and behavior. They will look for signs of intoxication, such as slurred speech, watery eyes, or an odor of alcohol on your breath.
  2. Vehicle Stop
    If the officer believes you are intoxicated, they will ask you to pull over. They will then ask for your driver’s license and registration. You need to make sure that you cooperate with the officer, but you should avoid answering any questions about where you’ve been or how much you’ve had to drink.
  3. Driving or Actual Physical Control
    The officer will ask you questions about your driving. They will also look for any signs that you were impaired while driving, such as swerving or speeding.
  4. Field Sobriety Tests
    The officer will ask you to perform a few field sobriety tests. These tests are voluntary, but if you refuse to take them, the officer can arrest you on suspicion of DUI.
    The test includes:
    • Horizontal Gaze Nystagmus Test
    • Walk and Turn Test
    • One Leg Stand Test
  5. Arrest
    If the Fort Worth police officer has determined that you are intoxicated, they will arrest you and put you in custody. You will then be taken to the police department station for processing.
  6. Disposition/Location of Vehicle and Keys
    After you’ve been arrested, the officer will take your driver’s license and registration. They will also impound your vehicle. The officer will give you a receipt for your vehicle and keys.
  7. Disposition of Passenger and/or Property
    Aside from the vehicle, the police department will also take any property that was in your possession at the time of the arrest. This includes your purse, wallet, and phone.
  8. Implied Consent/Miranda Warning
    One of the most crucial parts of the DUI Defense or DWI arrest process is the Miranda Warning. This is when the officer reads you your rights:
    “You have the right to remain silent and you should exercise that right. Anything you say can and will be used against you in a court of law. You have the right to an attorney and if you cannot afford one, one will be appointed for you.”
  9. Witness Statements
    If there are any witnesses to your arrest, the police officers will take their statements. These statements can be used against you in court, so it’s important to have an attorney who can cross-examine the witnesses and challenge their statements.
  10. Notification of Offender’s Attorney or Other Party
    After you’ve been arrested, the police will contact a DUI Defense attorney or other parties to notify them of the arrest. You can also have a free consultation with an attorney at Cole Paschall Law to discuss your case and what options are available to you.
  11. Incarceration or Release
    After you’ve been arrested or under restricted duty due to DWI arrest, you will either be released on bail or incarcerated. Released on bail is the process where you pay a set amount of money to the court in order to be released from jail until your court date. While incarceration is self-explanatory, it’s worth noting that you will not be able to post bail until you see a judge.
  12. Additional Chemical Test
    After you’ve been arrested, you will be asked to submit to a chemical test. This test is usually a breath or blood test.
    The purpose of this blood test is to determine your blood alcohol (BAC) at the time of the arrest. If you refuse to take this test, your license will be automatically suspended. This driver’s license suspension will last for 180 days.

What Are Your Rights if You’re Arrested in Texas?

Getting arrested by a Fort Worth police officer for a DWI charge or due to drunk driving can be a very frightening experience. If you are stopped and arrested for DWI in Texas, it is important to know your rights before going to the sheriff’s office. Below are some of the things you need to know if you are arrested for DWI:

  1. You have the right to remain silent.
  2. You have the right to an attorney.
  3. You have the right to refuse a blood or breath test.

What to Do Before Your Arraignment?

After you have been arrested and processed, you will have your arraignment. This is a formal reading of the charges against you and is your first appearance in court.

At your arraignment, the judge, just like in Tarrant County, will set bail and decide if you will be released until your trial or if you will remain in jail. The judge will also schedule your next court appearance.

But before your arraignment, you need to do the following things:

  1. Hire a DUI Defense lawyer.
  2. Gather evidence that can help in the investigation of your cases, such as witnesses or video footage.
  3. Understand the charges against you and the possible penalties.
  4. Prepare for your arraignment by practicing what you will say to the judge.
  5. Be respectful and dress appropriately for court.

Cole Paschall Law can help you with all of these things. We will make sure that you are prepared for your arraignment and we will fight for the best possible outcome in your case. Contact us today to learn more.

What Happens After Your Arrest?

After you have been arrested, there are a few things that will happen. You will be taken to the police station for booking and processing. This includes taking your mugshot and fingerprints.

You will then be held in jail until your court date. As we mentioned, when you are incarcerated, you will not be able to post bail until you see a judge.

If you are able to post bail, you will be released until your court date. If not, you will remain in jail until your trial.

It is important to have an experienced DUI Defense lawyer on your side who can help you navigate the criminal justice system and fight for the best possible outcome in your case.

How to Handle a DWI in Texas?

Getting charged with a DWI is a serious offense in Texas. If you are convicted of a DWI, you could face up to 180 days in jail, a fine of up to $2,000, and your driver’s license could be suspended for up to one year.

If you have been charged with a DWI, it is important to hire an experienced DUI Defense lawyer who can help you navigate the criminal justice system and fight for the best possible outcome in your case.

Consult a DUI Attorney

If you have been charged with a DWI in Texas, it is important to consult with an experienced Fort Worth DUI Defense lawyer as soon as possible. The sooner you get legal help, the better your chances of achieving a favorable outcome in your case.

At Cole Paschall Law, we have experience handling all types of DUI Defense cases. We will review the facts of your case and build a strong defense on your behalf. Contact us today to schedule a consultation.

FAQ

When do the police need a warrant to make an arrest?

Before making an arrest, the police must go through the required procedures. However, those procedures vary depending on the circumstances. One of those procedures involves getting a warrant.

In some cases, a police officer can arrest you without a warrant. But, at other times, a warrant is a necessity. It’s important to understand the laws regarding warrants so you can make sure no one violates your rights. If you do believe an officer violated your rights, you can contact us at Cole Paschall Law. A Fort Worth criminal defense attorney can help you beat your charges. [more]

What is the difference between a DUI and a DWI in Texas?

In Texas, a DUI is a misdemeanor offense that is punishable by up to 180 days in jail and a fine of up to $2,000. A DWI is a felony offense that is punishable by up to 10 years in prison and a fine of up to $10,000.

How can I get my DUI case dismissed in Texas?

There are a few ways to get your DUI Defense case dismissed in Texas. The first is through pretrial diversion, which is a program that allows first-time offenders to complete a set of requirements in exchange for the dismissal of their charges.

The second way to get your DUI Defense case dismissed is through deferred adjudication, which is a type of probation. If you complete your probation successfully, your charges will be dismissed.

The third way to get your DUI Defense case dismissed is by winning at trial. An experienced DUI Defense lawyer will know how to build a strong defense on your behalf and give you the best chance of getting a not-guilty verdict.

What is the best defense for a DUI?

The best defense for a DUI Defense will vary depending on the facts of your case. Some common defenses that are used in DUI Defense cases include:

  • The stop was illegal.
  • The field sobriety tests were administered incorrectly.
  • The breathalyzer test was administered incorrectly.
  • There was no probable cause for the arrest.

There are further significant charges that the state may bring if it is claimed that a DWI caused an accident, someone was hurt or killed, or any of these things. Among them are: