Texas misdemeanors are classified into three categories under Tex. Penal Code § 12.21-12.23. Class C (fine-only, up to $500) covers traffic offenses, public intoxication, theft under
Classifications and penalty ranges
Class A misdemeanor: up to 1 year county jail, up to $4,000 fine (Penal Code § 12.21). DWI with BAC ≥ 0.15, theft $750-$2,500, assault family violence, second-offense DWI. Class B misdemeanor: up to 180 days county jail, up to $2,000 fine (§ 12.22). First-offense DWI, theft $100-$750, possession of marijuana < 2 oz, criminal trespass.
Common Texas misdemeanors we defend
DWI first offense and BAC ≥ 0.15. Possession of marijuana under 2 oz (Penal Code § 481.121). Theft (Penal Code Chapter 31). Assault with bodily injury (§ 22.01). Assault family violence (§ 22.01(b)). Criminal trespass (§ 30.05). Public intoxication (§ 49.02). Disorderly conduct (§ 42.01).
Collateral consequences
Even a Class B conviction can affect employment, professional licensing, immigration status, firearm rights, and housing applications. Some convictions trigger automatic Texas Education Agency, TREC, or nursing-board reviews. Pretrial diversion and deferred adjudication can avoid the conviction and these consequences.
Our defense approach
Discovery first — body cam, dispatch, lab reports. Suppression motions for any Fourth Amendment issue. Negotiation for pretrial diversion or reduction. Trial when the State's case is weak or the offer is unreasonable. We treat misdemeanors with the same care as felonies because the collateral consequences are often disproportionate to the criminal exposure.
References
00, and most municipal-court matters. Class B (up to 180 days county jail and $2,000 fine) covers first-offense DWI, marijuana possession under 2 ounces, theftClassifications and penalty ranges (Section 2)
Class A misdemeanor: up to 1 year county jail, up to $4,000 fine (Penal Code § 12.21). DWI with BAC ≥ 0.15, theft $750-$2,500, assault family violence, second-offense DWI. Class B misdemeanor: up to 180 days county jail, up to $2,000 fine (§ 12.22). First-offense DWI, theft $100-$750, possession of marijuana < 2 oz, criminal trespass.
Common Texas misdemeanors we defend (Section 2)
DWI first offense and BAC ≥ 0.15. Possession of marijuana under 2 oz (Penal Code § 481.121). Theft (Penal Code Chapter 31). Assault with bodily injury (§ 22.01). Assault family violence (§ 22.01(b)). Criminal trespass (§ 30.05). Public intoxication (§ 49.02). Disorderly conduct (§ 42.01).
Collateral consequences (Section 2)
Even a Class B conviction can affect employment, professional licensing, immigration status, firearm rights, and housing applications. Some convictions trigger automatic Texas Education Agency, TREC, or nursing-board reviews. Pretrial diversion and deferred adjudication can avoid the conviction and these consequences.
Our defense approach (Section 2)
Discovery first — body cam, dispatch, lab reports. Suppression motions for any Fourth Amendment issue. Negotiation for pretrial diversion or reduction. Trial when the State's case is weak or the offer is unreasonable. We treat misdemeanors with the same care as felonies because the collateral consequences are often disproportionate to the criminal exposure.
Additional References
00-$750, and criminal trespass. Class A (up to 1 year county jail and $4,000 fine) covers second-offense DWI, theft $750-$2,500, assault causing bodily injury, and a wide range of mid-tier offenses. Misdemeanor cases proceed in county court at law (not district court), do not require grand jury indictment, and carry collateral consequences — federal firearms restrictions, professional-licensing review, immigration consequences for non-citizens — that often exceed the immediate sentence.The three misdemeanor classes
The Texas classification of misdemeanors is essentially a punishment-tier matrix. Each class has a defined statutory maximum:
- Class C misdemeanor (Tex. Penal Code § 12.23): fine of up to $500. No jail or probation. Adjudicated in municipal court or justice of the peace court. Examples: most traffic offenses, public intoxication, disorderly conduct, simple assault by contact, theft under
Classifications and penalty ranges (Section 3)
Class A misdemeanor: up to 1 year county jail, up to $4,000 fine (Penal Code § 12.21). DWI with BAC ≥ 0.15, theft $750-$2,500, assault family violence, second-offense DWI. Class B misdemeanor: up to 180 days county jail, up to $2,000 fine (§ 12.22). First-offense DWI, theft $100-$750, possession of marijuana < 2 oz, criminal trespass.
Common Texas misdemeanors we defend (Section 3)
DWI first offense and BAC ≥ 0.15. Possession of marijuana under 2 oz (Penal Code § 481.121). Theft (Penal Code Chapter 31). Assault with bodily injury (§ 22.01). Assault family violence (§ 22.01(b)). Criminal trespass (§ 30.05). Public intoxication (§ 49.02). Disorderly conduct (§ 42.01).
Collateral consequences (Section 3)
Even a Class B conviction can affect employment, professional licensing, immigration status, firearm rights, and housing applications. Some convictions trigger automatic Texas Education Agency, TREC, or nursing-board reviews. Pretrial diversion and deferred adjudication can avoid the conviction and these consequences.
Our defense approach (Section 3)
Discovery first — body cam, dispatch, lab reports. Suppression motions for any Fourth Amendment issue. Negotiation for pretrial diversion or reduction. Trial when the State's case is weak or the offer is unreasonable. We treat misdemeanors with the same care as felonies because the collateral consequences are often disproportionate to the criminal exposure.
Further Additional References
00, possession of drug paraphernalia. - Class B misdemeanor (§ 12.22): up to 180 days in county jail and a fine of up to $2,000. Probationable. Adjudicated in county court at law. Examples: DWI first offense (BAC under 0.15), marijuana possession under 2 ounces, theft
Classifications and penalty ranges (Section 4)
Class A misdemeanor: up to 1 year county jail, up to $4,000 fine (Penal Code § 12.21). DWI with BAC ≥ 0.15, theft $750-$2,500, assault family violence, second-offense DWI. Class B misdemeanor: up to 180 days county jail, up to $2,000 fine (§ 12.22). First-offense DWI, theft $100-$750, possession of marijuana < 2 oz, criminal trespass.
Common Texas misdemeanors we defend (Section 4)
DWI first offense and BAC ≥ 0.15. Possession of marijuana under 2 oz (Penal Code § 481.121). Theft (Penal Code Chapter 31). Assault with bodily injury (§ 22.01). Assault family violence (§ 22.01(b)). Criminal trespass (§ 30.05). Public intoxication (§ 49.02). Disorderly conduct (§ 42.01).
Collateral consequences (Section 4)
Even a Class B conviction can affect employment, professional licensing, immigration status, firearm rights, and housing applications. Some convictions trigger automatic Texas Education Agency, TREC, or nursing-board reviews. Pretrial diversion and deferred adjudication can avoid the conviction and these consequences.
Our defense approach (Section 4)
Discovery first — body cam, dispatch, lab reports. Suppression motions for any Fourth Amendment issue. Negotiation for pretrial diversion or reduction. Trial when the State's case is weak or the offer is unreasonable. We treat misdemeanors with the same care as felonies because the collateral consequences are often disproportionate to the criminal exposure.
Additional References (Section 4)
00-$750, criminal trespass, evading arrest on foot, possession of certain prescription medications without a valid prescription. - Class A misdemeanor (§ 12.21): up to 1 year in county jail and a fine of up to $4,000. Probationable. Adjudicated in county court at law. Examples: DWI first offense with BAC of 0.15 or higher, DWI second offense, assault causing bodily injury, theft $750-$2,500, unlawful carrying of a weapon, violation of a protective order, burglary of a vehicle.
Where misdemeanor cases are filed and tried
Class C cases are filed in municipal court (within city limits) or justice of the peace court (county-wide). These courts can impose only fines — no jail, no probation, no formal supervision. Appeal from a JP or municipal court trial-de-novo to county court at law is permitted under Tex. Code Crim. Proc. art. 45.042. Class B and Class A cases are filed by complaint or information in the appropriate county court at law for the county of the offense.
In DFW, Class B and Class A misdemeanors in Collin County are tried in the Collin County Courts at Law (six numbered courts at the Russell A. Steindam Courts Building in McKinney). Dallas County uses the Dallas County Criminal Courts (17 numbered courts at the Frank Crowley Courts Building). Denton County uses the Denton County Courts at Law. Tarrant County uses 10 county criminal courts at the Tim Curry Criminal Justice Center.
Probation as the default disposition
Most first-offense Texas misdemeanors that resolve by plea proceed on community supervision (probation) rather than direct incarceration. Probation lengths range from 6 months (Class B minimum) to 2 years (Class A maximum). Standard conditions include monthly reporting, payment of fees and any restitution, completion of court-ordered counseling or community service, alcohol or drug testing, and compliance with any specific offense-related conditions (DWI ignition interlock, theft-offender education, etc.).
Deferred adjudication is available for most misdemeanors except DWI (Texas Penal Code § 49.04 expressly excludes DWI from deferred adjudication for any offense after 2019). On deferred adjudication, successful completion results in no conviction on the record and eligibility for non-disclosure under Tex. Gov’t Code Ch. 411 — one of the most consequential procedural relief mechanisms in Texas criminal law.
Collateral consequences that often exceed the sentence
The penalty range for Class B and Class A misdemeanors is bounded by statute, but the collateral consequences often impose costs that dwarf the immediate sentence. A Class A family-violence assault triggers the federal Lautenberg firearms ban under 18 U.S.C. § 922(g)(9) — a lifetime restriction no Texas pardon can lift. A Class B marijuana possession can trigger a federal student-aid eligibility suspension. Any drug-related misdemeanor surfaces in nursing-board, medical-board, real-estate-board, and education-certification reviews.
For non-citizens, misdemeanor convictions under 8 U.S.C. § 1227(a)(2)(A)(ii) may trigger removability if they constitute "crimes involving moral turpitude" — a category that includes theft, fraud, and many simple-assault offenses. The misdemeanor label does not protect against immigration consequences; the underlying offense’s federal classification does.
Pretrial diversion and first-offender programs
Several DFW counties operate pretrial diversion programs for first-offense misdemeanors. Successful completion results in dismissal of the case with no conviction or adjudication — sometimes with expunction eligibility. Available programs vary by county: Collin County has a first-offender Marijuana Diversion Program for low-level marijuana possession; Dallas County has the Dallas Initiative for Diversion and Expedited Rehabilitation (DIVERT) Court; Denton County has misdemeanor pretrial diversion for select first-offense charges. We evaluate diversion eligibility on every misdemeanor case as the first negotiation move.
The trial option — jury or bench
A misdemeanor defendant is entitled to a jury trial under the Sixth Amendment and Tex. Const. art. I, § 15. The jury for a Class B or Class A misdemeanor consists of six jurors (vs. twelve in felony cases). The trial follows the same general structure as a felony trial: voir dire, opening statements, State’s case-in-chief, defense case-in-chief, closing arguments, jury charge, deliberation, verdict.
Jury trials in misdemeanor cases are less common than in felonies because the punishment-class ceiling reduces the trial-vs-plea risk calculation. But for cases involving clearly disputed facts, weak State evidence, or strong affirmative defenses, the trial option remains an effective bargaining lever and, where pursued, a legitimate path to acquittal.
Misdemeanors carry collateral consequences worth fighting
Free consultation. We assess diversion eligibility, plea posture, and trial viability on every retained misdemeanor case.
Call (972) 370-5060Frequently asked
Will a misdemeanor conviction show on a background check?
Yes, indefinitely, unless the case ends in dismissal (eligible for expunction) or successful deferred adjudication (eligible for non-disclosure). A direct conviction or successful straight probation remains on the public criminal-history record permanently.
Can I expunge a Texas misdemeanor?
Only if the case ended in dismissal, acquittal, or no-bill. A Class C deferred judgment with successful completion is also eligible after the satisfactory-completion mark. A Class A or Class B straight-probation completion is not eligible for expunction (non-disclosure is the relevant relief).
Will I lose my driver’s license on a misdemeanor?
Some misdemeanors trigger license suspension regardless of the formal sentence: DWI under Tex. Transp. Code § 521.342 (90 days to 1 year); drug offenses under Tex. Transp. Code § 521.372 (180 days for any drug-related offense, federal Solomon-Lautenberg pass-through); and certain juvenile-court adjudications for offenses involving a motor vehicle.
Is deferred adjudication available on a DWI?
No, not for any DWI offense after September 1, 2019. The Texas Legislature in 2019 amended the deferred-adjudication statute to expressly exclude all DWI offenses. Pre-2019 DWI deferreds may still qualify for non-disclosure relief; post-2019 DWIs cannot use the deferred pathway.
How long does a misdemeanor case take?
Typically 60 to 180 days from arraignment to disposition. Class C cases often resolve at the first or second setting in JP or municipal court. Class A and Class B cases generally require 2 to 4 court settings before resolution.
Will the federal government see a Texas misdemeanor?
Yes, in nearly every case. Texas misdemeanor arrests and dispositions are reported to the FBI’s Interstate Identification Index and appear on federal background checks for employment, security clearances, and immigration proceedings. State-level relief (expunction, non-disclosure) generally does not reach federal databases automatically.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
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