Understanding a Class B misdemeanor in Texas
A Class B misdemeanor is a mid-level offense under Texas law, sitting in the middle of the misdemeanor hierarchy. It is more serious than a Class C misdemeanor (the lowest, fine-only level) but less serious than a Class A misdemeanor. The punishment range for every Class B misdemeanor is fixed by Texas Penal Code §12.22, which applies uniformly no matter which specific Class B offense a person is charged with.
A conviction can mean up to 180 days in county jail, a fine of up to $2,000, or both. Beyond the immediate sentence, a Class B conviction creates a lasting criminal record that surfaces on background checks and can affect employment, housing applications, and professional licensing for years to come. Because the long-term stakes often outweigh the jail exposure, anyone facing a Class B charge should understand exactly how the range works and where it can be enhanced.
Punishment range and Class B offense examples
Under Texas Penal Code §12.22, a Class B misdemeanor is punishable by a fine not to exceed $2,000, confinement in county jail for a term not to exceed 180 days, or both that fine and confinement. The same ceiling applies to every Class B misdemeanor, so the maximum exposure does not change from one Class B charge to another. There is no general statutory minimum jail term for a first Class B offense, although certain charges carry their own minimums written into the offense statute itself.
| Component | Range |
|---|---|
| Maximum jail term | Up to 180 days |
| Optional fine | Up to $2,000 |
| Where served | County jail (not state prison) |
| Enhanced with a qualifying prior (§12.43(b)) | 30 to 180 days in jail, fine up to $2,000, or both |
Common Class B misdemeanors in Texas include driving while intoxicated, first offense, with a blood-alcohol concentration under 0.15 (Penal Code §49.04, which carries its own statutory minimum of 72 hours of confinement, or six days if an open container was present); possession of two ounces or less of marijuana (Health & Safety Code §481.121(b)(1)); criminal trespass (Penal Code §30.05); theft of property valued at $100 to $750 (Penal Code §31.03(e)(2)); harassment (Penal Code §42.07); and indecent exposure (Penal Code §21.08).
A prior record can raise the floor. Under Penal Code §12.43(b), if a person convicted of a Class B misdemeanor has a prior conviction for a Class A or Class B misdemeanor or any felony, the punishment becomes a fine up to $2,000, confinement of 30 days to 180 days, or both — meaning a 30-day minimum jail term. The classification itself remains Class B; only the minimum confinement changes. For eligible defendants, community supervision (probation) and deferred adjudication are generally available under Code of Criminal Procedure Chapter 42A; successfully completed deferred adjudication results in no final conviction, though it is not the same as an expunction. Whether any of these options fits a given case depends on the specific facts, and a person facing a Class B charge should consult a licensed Texas criminal defense attorney.
How a Class B misdemeanor case moves through the courts
A Class B misdemeanor charge follows the same Texas criminal process every case does — arrest and magistration, bond, the State’s charging decision, discovery and pretrial motions, then a negotiated resolution or trial. Our step-by-step Texas criminal case process guide walks through all ten stages, and our criminal defense overview explains the constitutional and statutory strategies that apply at each one.