In Texas, a misdemeanor is a criminal offense that is less severe than a felony but still carries a criminal record that could impact your future. Knowledge of how misdemeanors are classified, the penalties involved, and the legal process can help you make informed decisions if you’re facing misdemeanor charges. In this blog, we will explore the different aspects of misdemeanor charges in Texas and how to navigate the legal process.
Categories of Misdemeanors in Texas
- Class A: The most serious misdemeanor, which can result in a fine of up to $4,000 and/or up to one year in county jail. Examples of Class A misdemeanors include burglary of a vehicle and theft of property valued at $750 but less than $2,500.
- Class B: Less serious than Class A, which can result in a fine of up to $2,000 and/or up to 180 days in county jail. Examples of Class B misdemeanors include criminal trespass, DWI, prostitution, harassment, indecent exposure, riot, and possession of 2 ounces or less of marijuana.
- Class C: The least serious misdemeanor, which can result in a fine of up to $500 but no jail time. Examples of Class B misdemeanors include assault by threat, gambling, disorderly conduct, or public intoxication
Legal Process for Misdemeanor Charges
Navigating misdemeanor charges in Texas involves several key steps. Here’s a simplified overview of what to expect:
Arrest and Booking
The process starts with an arrest. The arrest is governed by Chapter 14 of the Texas Code of Criminal Procedure. This law allows a peace officer to arrest without a warrant if they witness the offense or have probable cause to believe that an offense has occurred. After arrest, you’ll be taken to a police station for booking, where your details will be recorded. You might be held until you post bail or are released on your own. It is recommended to get a lawyer when this occurs.
Arraignment
Arraignment is where you’ll be formally charged and asked to enter a plea: guilty, not guilty, or no contest. The judge will inform you of your rights, and bail may be reviewed or set.
Pre-Trial and Trial
During the pre-trial phase, your attorney may file motions, negotiate a plea deal, or prepare for trial. If an agreement is not reached, the case goes to trial, where evidence is presented before a judge or jury.
Sentencing
Sentencing is determined according to the Texas Penal Code, considering the severity of the misdemeanor and any prior convictions. If found guilty or you plead guilty, the judge will decide your sentence. The judge will consider factors like the offense’s severity and your criminal history. Penalties can include fines, probation, community service, or jail time.
Hiring an Attorney
The importance of legal representation cannot be overstated when dealing with misdemeanor charges in Texas. A knowledgeable attorney can:
- Assess Your Case: Your attorney will review the evidence, identify weaknesses in the prosecution’s case, and determine the best defense strategy.
- Negotiate Plea Deals: Experienced attorneys can negotiate with prosecutors to reduce charges or penalties. Under Article 26.13 of the Texas Code of Criminal Procedure, plea deals can result in a lesser charge or even dismissal in some cases.
- Protect Your Rights: Your attorney will ensure that your rights are upheld throughout the legal process, including during police questioning, arraignment, and trial.
Navigating the Texas legal system can be complex. But a skilled attorney will guide you through each step, helping you make informed decisions. Here at C.L. Swisher, we understand this can be a stressful process and are here to help. Our Houston criminal defense attorneys have a proven track record of success and will fight aggressively to protect your future. Contact us today for a consultation.
