What is a Misdemeanor in Texas?
In Texas a misdemeanor is generally any crime that is punishable by a year or less in jail (or a fine only). Texas has three classes of misdemeanor: A, B, and C. You can be sent to county jail for one year and fined up to $4,000 for a Class A Misdemeanor. For a Class B Misdemeanor you can be sent to county jail for 6 months and fined up to $2,000. The lowest class of misdemeanor (Class C Ticket) is punishable by a fine of up to $500. A criminal charge can be increased to a higher level if you have a prior conviction or deferred probation (i.e. Domestic Violence).
Examples of Class A Misdemeanors are first offenses for:
- Assault Family Violence
- Resisting Arrest or Detention
- DWI with a BAC higher than 0.15
- Criminal Trespass of a Habitation
Examples of Class B Misdemeanors are first offenses for:
- Possession of Marijuana (under 2 onuces)
- DWI with a BAC lower than .15
- Criminal Trespass
- Shoplifting (value of $50 to $500)
- Minor in Possession of Alcohol
- Simple Assault
- Disorderly Conduct (without a weapon)
- Most traffic offenses
Examples of Class C Misdemeanors are first offenses for:
Is a misdemeanor a criminal offense? Yes, and a conviction for a misdemeanor can have serious immediate consequences (jail, probation, or fine). Perhaps the more serious consequences are those that may happen later. A misdemeanor charge can be used to increase the level of a later criminal charge, and even a misdemeanor conviction can keep you from getting a job, financial aid, or housing.
Misdemeanors Used to Enhance Future Charges
Some misdemeanor convictions can be used to enhance later charges. This means either the punishment for later misdemeanor charges can be greater or a future charge can turn into a felony based on prior misdemeanor charges.
Some jurisdictions, including Tarrant County, use prior misdemeanor convictions to increase the minimum punishment on new misdemeanor charges. A new Class A with a prior conviction for a Class A (or higher offense) increases the minimum punishment 90 days in jail (still a maximum of 1 year and $4,000 fine). For Class B misdemeanors the minimum can be increased to 30 days in jail (still a maximum of 180 days and $2,000 fine).
Very many common charges prior misdemeanor convictions can increase the level of offense. The most common examples of even one prior misdemeanor increasing the level of criminal offense: a second DWI conviction increased to a Class A; a second Assault Family Violence conviction (even if you received deferred adjudication) is increased to a Third Degree Felony. A new theft case of even a small amount, for instance shoplifting, can become a felony if you have two prior theft convictions.
Do I need a lawyer for a misdemeanor?
The answer is definitely, YES. As described above even a misdemeanor charge can have lasting affects that you do not even realize. Avoiding a conviction for your first offense can avoid a felony charge down the road. Not to mention, some first offense charges can have consequences besides jail time or a fine. If you are convicted of Assault Family Violence you cannot own a gun, and in a later custody (including CPS) case it can make it difficult to get access to your children. Another example is that a DWI conviction also costs thousands of dollars in surcharges.
So, what can a lawyer do on a misdemeanor case? Well, if you have been doing research or if you have spoken to a reputable criminal defense lawyer then you know that no one can guarantee an outcome. But from our experience from handling thousands of cases (as a defense lawyer and prosecutor) you chances of getting a dismissal are much greater if you have a good criminal lawyer.
A few examples of how lawyers can help with misdemeanor cases include suppressing evidence, getting you into diversion programs, or building a case that convinces the prosecutor to dismiss. The example of suppressing evidence means that a lawyer who is experienced and educated in search and seizure law can file a motion to suppress evidence that was illegally obtained. In drug cases especially, if the drugs are suppressed as illegally obtained evidence you are almost certainly going to get a dismissal. Tarrant County has a variety of “diversion programs” that can lead to a dismissal, but these programs have strict application processes and deadlines. We handle a lot of Assault Family Violence cases. In these cases we have a very specific process designed to convince prosecutors to dismiss your case. A lawyer cannot tell you what can be done until they know all of the facts (from both sides) and has a chance to speak with the prosecuting attorney. Contact us today at our downtown Fort Worth office to consult about your case. Call (817) 810-9395.
Can you have a jury trial for a misdemeanor?
In Texas you have an absolute right to a jury trial unless you waive that right. Our Texas Constitution says that the “right of trial by jury shall remain inviolate.” We take that right seriously. Unlike your federal right to a jury trial, in Texas this “constitutional provision applies to all criminal prosecutions, the defendant in a misdemeanor case has the same right of trial by jury as in felony cases.” Franklin v. State, 576 S.W.2d 621, 623 (Tex. Crim. App. 1978).
Unlike Texas, United States Supreme Court has said that your federal right to a jury trial only applies if you possible punishment is more than 180 days confinement. This means that the Sixth Amendment of the U.S. Constitution allows a judge to (not a jury of your peers) to decide if your going to sit in jail for 6 months. Even if your are facing multiple 6 month sentences you are not guaranteed a jury trial under the federal constitution. According to the Supreme Court, “[t]he Sixth Amendment’s guarantee of the right to a jury trial does not extend to petty offenses, and its scope does not change where a defendant faces a potential aggregate prison term in excess of six months for petty offenses charged.” Lewis v. United States, 518 U.S. 322 (1996). God bless Texas!
Fort Worth Lawyer for Misdemeanor Cases
Our Criminal Defense Attorneys handle a variety of criminal cases. This includes all Class A and B Misdemeanors. Honestly, these cases often involve the most interesting criminal defense issues, and we know how important these cases are to our clients. You are smart if you research and meet with different lawyers, but we encourage you to put Cofer Law on the short-list. Please, read about our experience and review some of our recent results. Then call us (817) 810-9395 to schedule an appointment so we can get to work on your case. We are located near the Tim Curry Justice Center at 300 Throckmorton Street, Suite 500, Fort Worth, Texas 76102.
