Texas Misdemeanor Defense Lawyer

A Texas misdemeanor charges lawyer looks closely at the classification, the evidence, and what a defense looks like before any plea gets accepted.

The Law Offices of Richard C. McConathy reviews every misdemeanor case with the same care given to a felony charge. A conviction on paper carries weight long after the case ends.

Why a Misdemeanor Case Still Gets a Full Defense at the Law Offices of Richard C. McConathy

A misdemeanor case receives the same level of case review at the Law Offices of Richard C. McConathy as a felony charge, starting with the arrest report and the underlying evidence. Too many misdemeanor cases get resolved with a quick plea simply because the client assumed fighting it was not worth the effort.

Our firm has represented Texans in criminal defense since 2002, with more than 6,000 cases handled and over 1,000 dismissals across that record. That approach carries into every misdemeanor case in a few consistent ways:

• A direct line to the attorney handling the case, not a paralegal fielding calls in between court dates.
• A straightforward, no-pressure review of the charge, the evidence, and what a realistic outcome looks like.
• Availability 24/7 for an arrest or citation, since misdemeanor arrests happen at every hour of the day.
• A free consultation to walk through the classification and the options before any plea gets entered.

How Serious Is a Misdemeanor Charge in Texas?

A misdemeanor charge in Texas ranges from a fine-only citation to a full criminal case with up to a year in county jail. Texas Penal Code Sections 12.21 through 12.23 set three separate punishment classes, and which one applies changes everything about how the case gets handled.

Texas Misdemeanor Classes and Maximum Penalties

These three classes cover a wide range of everyday charges across Texas courts. Common examples show how differently the same general offense gets classified:

• Class A misdemeanor charges include assault causing bodily injury, theft of property valued between $750 and $2,500, or resisting arrest.
• Class B misdemeanor charges include a first DWI charge in most circumstances, theft of property valued between $100 and $750, or possession of two ounces or less of marijuana.
• Class C misdemeanor charges include theft of property valued under $100, public intoxication, or most traffic citations.

Can a Misdemeanor Charge Result in Jail Time in Texas?

Yes, a Class A or Class B misdemeanor in Texas can result in jail time, while a Class C misdemeanor cannot under Section 12.23.

Class C misdemeanors go through municipal or justice of the peace courts, the same courts that handle traffic tickets and other fine-only offenses. Class A and Class B misdemeanors move through county courts, where the process looks closer to a felony case, including the possibility of a jury trial.

A person facing a Class A or B charge without legal help sometimes assumes a plea deal is the only path, without realizing the county court process gives a defense attorney more room to negotiate or challenge the evidence than a municipal court citation does.

Will a Misdemeanor Conviction Show Up on a Background Check in Texas?

Yes, a misdemeanor conviction appears on a standard background check unless it gets sealed through an order of nondisclosure. Texas Government Code Section 411.072 allows many misdemeanor cases to qualify for nondisclosure, sometimes immediately after successfully completing deferred adjudication, depending on the offense.

A misdemeanor record carries consequences that go beyond a background check search:

• Employment applications: Many employers run a background check before making a hiring decision.
• Professional licensing boards: Nursing, teaching, and other regulated careers often ask about any criminal conviction.
• Immigration status for non-citizens: Certain misdemeanor convictions carry separate federal immigration consequences.
• Firearm rights: A family violence misdemeanor conviction triggers a federal firearm ban under federal law, regardless of the Texas sentence.

Can a Misdemeanor Charge Get Expunged in Texas?

Yes, a misdemeanor charge can qualify for expunction in Texas when the case never resulted in a conviction. Expunction differs from the nondisclosure process covered above in one key way: it destroys the record entirely instead of sealing it from public view.

A charge that ended in dismissal, a completed deferred prosecution, or an acquittal generally qualifies under Texas Code of Criminal Procedure Chapter 55. A conviction, including one resolved through straight probation, generally does not qualify. Expunction is reserved for cases that never resulted in a finding of guilt.

Filing the petition involves waiting periods that vary by offense and outcome. Missing a filing deadline means living with a record that otherwise qualified for removal.

What Happens in a Misdemeanor Case From Arrest to Resolution?

A misdemeanor case in Texas moves from citation or arrest through arraignment, pretrial negotiations, and then resolution by plea or trial. The exact path depends on whether the charge is a Class C citation or a Class A or B case filed in county court.

• A citation or arrest, which starts the case and sets the initial court date.
• An arraignment, where the charge gets read and the defendant enters an initial plea.
• A pretrial period, where the defense reviews evidence and negotiates with the prosecutor.
• A resolution, through a negotiated plea, a dismissal, or a trial before a judge or jury.

How Do Denton County Courts Handle Misdemeanor Cases?

Denton County handles Class A and Class B misdemeanors through its County Criminal Courts at Law. That docket runs separately from the Class C cases that local municipal courts manage. Not every misdemeanor in the county moves through the same courtroom, and assuming otherwise leads to confusion about deadlines.

A case filed in Denton County generally moves faster than a similar charge in a larger county with a heavier docket. Scheduling still depends on the specific court and the judge assigned to the case.

That pace favors a defendant with a strong defense ready early. It works against anyone who waits until close to a court date to bring in an attorney.

The Law Offices of Richard C. McConathy has represented misdemeanor defendants across Denton County. That local familiarity shapes how quickly a case moves toward a resolution.

Does a Second Misdemeanor Charge Carry a Harsher Penalty in Texas?

Yes, a second misdemeanor charge carries a harsher penalty in Texas when it matches a prior conviction's offense type. Texas Penal Code Section 12.43 allows certain repeat misdemeanor offenses to get punished one class higher than the charge alone allows.

A theft charge that normally counts as a Class C offense may get charged as a Class B or Class A instead. Prior theft convictions are what trigger that shift.

A DWI charge follows a steeper version of the same pattern. A third DWI conviction becomes a felony under Section 49.09 rather than staying a misdemeanor.

A prior conviction from years earlier, or one resolved through deferred adjudication, does not always count the same way toward an enhancement. Reviewing exactly which prior convictions apply is worth doing before assuming a second charge automatically escalates.

FAQs for the Texas Misdemeanor Charges Lawyers at the Law Offices of Richard C. McConathy

Talk to a Texas Misdemeanor Charges Lawyer Before You Assume It's Minor

The Law Offices of Richard C. McConathy has defended Texans against misdemeanor and felony charges alike for more than 35 years, with a record built on over 1,000 dismissals.