Facing misdemeanor charges in Texas can have serious consequences that extend far beyond fines and potential jail time.
A conviction creates a permanent criminal record that affects employment opportunities, housing applications, professional licensing, and other important aspects of your life.
At the Law Offices of Richard C. McConathy, our experienced Dallas criminal defense attorneys have successfully defended thousands of misdemeanor cases across Dallas County and surrounding areas, achieving over 300 dismissals and not guilty verdicts.
Don’t let a misdemeanor conviction derail your future. Contact our Dallas traffic ticket attorney at 197-230-38867 for a free consultation and learn how we can protect your rights.
What Is a Misdemeanor Under Texas Law?
⚖️ Even though misdemeanors carry lighter penalties than felonies, they form the bedrock of a permanent criminal record. For many first-time offenders, this is their entry point into the justice system, making early legal intervention essential.
Under the Texas Penal Code, a misdemeanor is any criminal offense for which the government can punish you with up to one year in the county jail.
This is fundamentally different from felony charges, which carry potential sentences in state prison facilities or the Texas Department of Corrections.
Many clients facing Class B DWI charges are also cited under Texas open container laws, which can enhance penalties even for a first offense.
| Class | Maximum Jail Time | Maximum Probation | Maximum Fine | Legal Citation | Examples |
|---|---|---|---|---|---|
| Class A | Up to 1 year | Up to 2 years | $4,000 | Tex. Penal Code § 12.21 | Class A misdemeanor assault causing bodily injury, theft $750-$2,500, DWI first offense |
| Class B | Up to 1 year | Up to 2 years | $2,000 | Tex. Penal Code § 12.22 | Class B misdemeanor DWI with open container, possession of marijuana under 2 oz |
| Class C | No jail time | Probated sentence | $500 | Tex. Penal Code § 12.23 | Class C misdemeanor traffic violations, disorderly conduct, and minor theft under $100 |
To fully understand where misdemeanors fit in the criminal justice system, it’s helpful to see the complete picture. Felony charges are broken up into four main categories:
- State jail felonies: Up to two years in a state jail facility
- Third degree felonies: Two to ten years in the Texas Department of Corrections, plus up to $10,000 fine
- Second degree felonies: Two to twenty years in the Texas Department of Corrections, plus up to $10,000 fine
- First degree felonies: Five to ninety-nine years or life in prison
The most serious cases involve life without the possibility of parole or death penalty charges.
Getting to know these distinctions helps you appreciate that while misdemeanor charges carry less severe penalties, they still require serious legal attention to avoid unnecessary consequences.
The consequences extend far beyond fines and potential jail time.
A misdemeanor conviction creates a permanent criminal record that appears on background checks for employment, housing applications, professional licensing, and immigration proceedings.
Many people don’t realize that even Class C misdemeanors can affect their ability to obtain certain jobs or professional certifications.
Types of Misdemeanor Charges We Defend
Our law office has extensive experience defending clients against all types of misdemeanor charges throughout North Texas. When you’re accused of a crime, having our experienced Dallas defense attorney makes all the difference in achieving the best possible outcome.
Assault Charges
Simple assault charges often arise from heated arguments, bar fights, or domestic disputes where emotions run high. These cases frequently involve conflicting witness statements and situations where both parties share some responsibility. We investigate the circumstances thoroughly, interview witnesses, and challenge evidence that prosecutors try to use against our clients.
Theft Offenses Under $2,500
Theft charges can result from shoplifting, employee theft, or taking property without permission. The value of the allegedly stolen items determines the charge level, but even minor theft cases can have serious consequences for your reputation and future opportunities.
DWI First Offense
First-time DWI charges are Class B misdemeanor offenses that carry mandatory license suspension, potential jail time, and thousands of dollars in fines and fees. Many people think they should plead guilty to get it over with, but this approach often results in unnecessary consequences that could have been avoided.
If your misdemeanor charge involves driving while intoxicated, it’s important to understand the various types of DWI offenses and how they differ in terms of penalties and long-term consequences.
Drug Possession Charges
Marijuana possession under 4 ounces is a Class B misdemeanor in Texas, while possession of other controlled substances in small amounts may also be charged as misdemeanor offenses. These criminal cases often involve search and seizure issues that our experienced attorneys will use to challenge the prosecution’s case.
Public Intoxication and Disorderly Conduct
These charges frequently result from situations where police officers exercise significant discretion in making arrests. Public intoxication arrests often lack the evidence necessary for conviction, especially when officers fail to properly document the defendant’s level of intoxication or the circumstances justifying the arrest.
Resisting Arrest
Resisting arrest charges can be added to any underlying offense, even when the original charge is later dismissed or reduced. These cases often depend on officer testimony and body camera footage.
Reckless Driving
Reckless driving is a Class B misdemeanor that can result from high-speed chases, street racing, or driving behaviors that prosecutors claim endanger public safety.
Regardless of what type of crime category you’re facing, you need our attorney who understands the Code of Criminal Procedure and the Penal Code so they can best walk you through this process and ensure you’re receiving the best defense possible.
If your case is particularly difficult, experienced legal representation becomes even more important to ensure you receive reasonable punishment rather than the maximum penalties prosecutors often seek.
Additional Common Misdemeanor Charges We Defend
Beyond the major categories mentioned above, our legal team regularly handles a wide range of misdemeanor charges throughout Dallas County and surrounding areas:
Each of these charges requires specific defense strategies based on the unique circumstances and evidence involved.
Our experience with thousands of cases gives us insight into which approaches work best for different types of charges and which prosecutors are willing to negotiate favorable outcomes.
Enhanced Penalties for Habitual Misdemeanor Offenders
⏳ Repeat offenses trigger harsh penalties not because the offense itself is more severe, but because the system presumes ongoing risk. This makes it critical to fight early convictions that could later escalate routine charges into mandatory jail time.
Texas criminal law provides for additional penalties for repeat and habitual offenders under Tex. Penal Code § 12.43.
If you have a criminal istory with previous convictions, history with previous convictions, the penalties for new misdemeanor charges can be significantly enhanced, making experienced legal representation even more important.
Class A Misdemeanor Enhancement: If you’re currently charged with a Class A misdemeanor and have a previous Class A offense or any felony conviction, you can face:
- Fine up to $4,000
- Mandatory minimum jail sentence of 90 days to one year
Class B Misdemeanor Enhancement: If you’re charged with a Class B misdemeanor and have a previous Class A, Class B, or any felony offense, penalties include:
- Fine up to $2,000
- Mandatory minimum jail sentence of 30 days to 180 days
Class C Enhancement for Specific Offenses: For disorderly conduct or public intoxication charges, if you’ve been convicted of any of those offenses three times within 24 months, you face:
- Fine up to $2,000
- Jail sentence up to 180 days (despite being a Class C misdemeanor)
These enhanced penalties eliminate much of the judicial discretion that might otherwise result in probation or reduced sentences.
Even minor misdemeanor charges become serious matters when you have prior convictions, potentially resulting in mandatory jail time that could cost you your job, housing, or other stability.
Our Dallas attorneys understand how enhancement penalties work and will often challenge the admissibility of prior convictions or negotiate agreements that avoid the harshest consequences.
Early intervention is particularly important in enhancement cases because prosecutors are less likely to offer favorable plea agreements when mandatory minimums apply.
Texas Misdemeanor Penalties and Long-Term Consequences
Knowing the full scope of misdemeanor penalties helps you make informed decisions about your case. Beyond immediate court-imposed punishments, misdemeanor convictions create lasting problems affecting multiple life areas.
Certain misdemeanors, such as DWI or reckless driving, can trigger automatic suspension—learn more about Texas driver’s license procedures to understand what to expect.
- Jail time: Class A misdemeanors can result in up to one year in county jail
- Fines: Range from $500 for Class C offenses to $4,000 for Class A charges
- Probation: Courts may impose probation terms, including community service, counseling, or regular check-ins
- License suspension: Certain charges, like DWI, automatically trigger driver’s license suspension
Employment barriers represent one of the most significant long-term impacts. Many employers conduct background checks and may disqualify applicants with criminal records, even for minor offenses. Professional licenses in healthcare, education, and finance may be denied or revoked following criminal convictions.
Housing applications often require criminal history disclosure, and landlords may reject tenants with any record. Immigration consequences can be severe for non-citizens, as even minor convictions may affect visa applications, green card renewals, or naturalization proceedings.
Gun rights may be restricted following certain misdemeanor convictions, particularly those involving domestic violence or drug offenses. Additionally, a criminal record can affect child custody determinations in family court proceedings.
If you’re ready to take the first step toward protecting your future, contact us today for a confidential consultation.
Why You Need a Misdemeanor Defense Attorney
💰 The hidden cost of a misdemeanor conviction isn’t just the fine—it’s the lifetime of missed opportunities in housing, licensing, and immigration. Defense strategy must include protecting future potential, not just minimizing short-term penalties.
Many people consider self-representation in misdemeanor cases, thinking charges are too minor to justify legal expenses. This approach often results in unnecessary convictions that could have been avoided with proper representation from our experienced criminal defense lawyer.
District attorney offices are more likely to offer favorable plea agreements when they know you have experienced representation.
Our attorneys begin working immediately after you hire us, investigating charges, reviewing evidence, and identifying potential defenses before prosecutors finalize their strategy.
We often discover problems with the prosecution’s case that unrepresented defendants miss entirely. Police reports may contain inaccuracies, witness statements may be inconsistent, or officers may have violated your constitutional rights during the investigation or arrest.
Our experience handling thousands of misdemeanor cases gives us insight into which prosecutors are willing to negotiate and what types of evidence they consider weak.
We’ve successfully negotiated charge reductions, dismissals, and deferred adjudication agreements that allow our clients to avoid convictions entirely.
Hypothetical scenario: A college student faces shoplifting charges that could affect their financial aid and future career prospects. An experienced attorney might negotiate a pretrial diversion program allowing the charges to be dismissed upon completion of community service, preserving the student’s clean record.
Some cases require a trial to achieve the best outcome for our clients. Our attorneys have extensive courtroom experience and aren’t afraid to take cases to trial when prosecutors refuse to offer reasonable plea agreements.
We’ve achieved numerous “not guilty” verdicts in misdemeanor trials throughout Dallas County and surrounding areas.
How We Defend Misdemeanor Charges
Our defense strategy begins with a thorough case investigation, examining every piece of evidence and identifying potential constitutional violations or procedural errors that could result in dismissal or charge reduction.
We start by obtaining all police reports, witness statements, video footage, and other evidence related to your case. Many attorneys simply review the prosecutor’s initial discovery packet, but we dig deeper to uncover evidence that police may have overlooked or prosecutors may have failed to disclose.
Fourth Amendment violations are common in misdemeanor cases, particularly those involving searches of vehicles, homes, or personal property. We carefully examine your arrest circumstances to determine whether police had probable cause or reasonable suspicion to stop, search, or arrest you.
Miranda rights violations can also provide grounds for excluding incriminating statements from evidence. Many officers fail to properly advise defendants of their rights or continue questioning after suspects invoke their right to remain silent.
We file pretrial motions when appropriate to exclude evidence obtained through constitutional violations or dismiss charges based on procedural errors. Successful motion practice often results in prosecutors offering better plea agreements or dismissing charges entirely rather than proceeding to trial with weakened cases.
Our attorneys maintain professional relationships with prosecutors throughout North Texas, which helps us negotiate favorable outcomes. We understand what each prosecutor’s office considers when evaluating cases and will present mitigation evidence effectively.
We never recommend accepting the first plea offer without thoroughly investigating your case and exploring all possible defenses.
Record Clearing Options After a Misdemeanor
Even if you’re convicted of a misdemeanor, Texas law provides several options for clearing your criminal record in certain circumstances.
Expunction completely removes arrest and court records from public databases and allows you to legally deny that the arrest ever occurred. You may be eligible for expunction if:
- Charges were dismissed or reduced to a non-criminal offense
- You were acquitted at trial
- You were arrested but never formally charged
- Your conviction was later overturned on appeal
The expungement process typically takes 3-6 months and requires filing a petition with the court where your case was handled.
All law enforcement agencies must destroy records related to the expunged arrest, including fingerprints, photographs, and computerized records.
If you received deferred adjudication for your misdemeanor charge and successfully completed probation, you may be eligible for an order of nondisclosure. This doesn’t completely erase the record like expunction, but it prevents most employers and landlords from accessing information about the arrest and charge.
Waiting periods vary depending on the type of criminal offense:
- Most Class C misdemeanor offenses: Immediately after completing deferred adjudication
- Class A and Class B misdemeanor charges: Usually 2-5 years after completing deferred adjudication
- Other types of offenses: Certain offenses are never eligible for nondisclosure
Importantly, federal crimes and certain violent offenses may not be eligible for either expunction or nondisclosure, making it even more important to fight the charges initially rather than accepting a conviction.
Clearing your criminal record provides numerous advantages:
- Improved employment opportunities and higher earning potential
- Better housing options and lower insurance rates
- Restoration of certain professional licensing opportunities
- Peace of mind and improved quality of life
Client Success Stories and Case Results
💼 Case results not only show competence but also demonstrate trends in prosecutorial behavior and judicial leniency. Patterns in dismissals can help guide defense strategy for similar cases going forward.
Our track record demonstrates our commitment to achieving the best possible outcomes for our clients. We’ve successfully defended over 1,000 criminal cases, with dismissals or “not guilty” verdicts in more than 300 of them.
Here are examples of our successful misdemeanor defense work from our official case records:
- Assault Family Violence – Dismissed, Dallas County (M13-33519)
- Possession of Marijuana – Dismissed, Dallas County (M13-39484)
- Theft – Dismissed, City of Dallas (0003286597)
- Criminal Trespassing – Reduced to Class C Disorderly Conduct, Dallas County (M14-35163)
Every case is unique, and past results don’t guarantee future outcomes, but our experience and dedication give clients the best chance of success.
Get A Free Consultation with Our Dallas Misdemeanor Lawyer
A misdemeanor charge can have serious, lasting consequences—but you don’t have to face it alone.
Our experienced Dallas defense attorneys at the Law Offices of Richard C. McConathy know how to challenge the prosecution, protect your rights, and fight for the best possible outcome.
Don’t wait—call 197-230-38867 today or reach out online for a free consultation and take the first step toward securing your future.
Reckless Driving Resources in Dallas
Texas Constitution and Statutes – This link is to Chapter 545 of the Texas Transportation Code, which defines criminal traffic offenses and the penalties for a conviction for traffic offenses throughout Dallas, including reckless driving.
Commercial Driver’s License Disqualifications – The Texas Department of Public Safety (TxDPS) provides information to commercial drivers for offenses their license may be suspended or revoked in Dallas.
Texas Driver Responsibility Program – The Texas Department of Public Safety’s website provides information on the Driver Responsibility Program in Texas, surcharges for points on a driver’s record or for having certain convictions, and how to contact the department regarding surcharges and the program.
Texas Department of Public Safety – Traffic Offenses – The Texas Department of Public Safety (TxDPS) provides information on license suspension penalties for certain traffic offenses, including reckless driving, and resources for how to reinstate a license after it has been suspended. A Dallas DPS office is located at:
1500 Marilla 1B SouthCity of Dallas Building
Dallas, Texas 75201
Phone: (214) 651-1859
Frequently Asked Questions About Texas Misdemeanor Charges
What happens if you get a misdemeanor in Texas?
If convicted of a misdemeanor in Texas, you’ll face penalties ranging from fines to jail time depending on the classification. More importantly, you’ll have a permanent criminal record that appears on background checks and can affect employment, housing, and other opportunities. However, many misdemeanor cases can be resolved through dismissals, reductions, or deferred adjudication that avoids conviction.
How long does a misdemeanor stay on your record in Texas?
Without taking action to clear your record, a misdemeanor conviction remains on your criminal history permanently. However, Texas law provides options for expunction and nondisclosure that can remove or seal records in certain circumstances. The sooner you address record clearing, the better your long-term prospects.
Can you go to jail for a Class C misdemeanor in Texas?
No, Class C misdemeanors in Texas carry fines only, with no possibility of jail time. However, failing to pay fines or appear in court can result in additional charges that carry jail penalties. It’s important to handle even minor Class C charges properly to avoid escalating problems.
What is deferred adjudication in Texas?
Deferred adjudication is a form of probation where you plead guilty or no contest, but the court doesn’t enter a finding of guilt. If you successfully complete probation, the case is dismissed. This avoids a conviction and may make you eligible for record sealing through an order of nondisclosure.
Can a misdemeanor be expunged in Texas?
Yes, but only in specific circumstances. Expunction is available when charges are dismissed, you’re acquitted at trial, or you complete certain pretrial diversion programs. Convictions generally cannot be expunged, but deferred adjudication cases may be eligible for nondisclosure orders. Our experienced attorney in Dallas will help determine your eligibility and guide you through the process.