This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At LaVine Law Firm, our Austin misdemeanor lawyer defends clients throughout Travis County against criminal charges that carry consequences most people do not expect. Misdemeanor charges are the most common criminal cases filed in Austin and Travis County courts, yet many people who face them assume the charges are minor. They are not.
Texas Office of Court Administration data shows that misdemeanor cases make up the bulk of the criminal docket in Travis County each year, with thousands of new cases filed across the County Courts at Law and Austin Municipal Court. A misdemeanor conviction in Texas creates a permanent criminal record, one that does not fall off after a set number of years without a court order. These charges range from a Class C misdemeanor (fine only) to a Class A misdemeanor (up to one year in county jail), and even the lowest level can follow you for years. Our criminal defense attorneys handle misdemeanor defense across Austin, Travis County, and the surrounding Central Texas area, and we fight to keep criminal charges from controlling your future.
LaVine Law Firm provides proactive, individual misdemeanor defense for clients in Austin and Travis County. Our criminal defense lawyers know that misdemeanor cases often move fast in the legal system, and that speed can hurt defendants who accept unfavorable plea bargains without understanding their options. We know how cases are handled in Travis County Courts at Law, Austin Municipal Court, and by the prosecutors and judges who manage Class A and Class B misdemeanor dockets daily.
We handle every stage of your case: the initial charge review, arraignment, pre-trial motions, deferred adjudication negotiations, and trial when necessary. Many misdemeanor cases in Travis County can be resolved without a conviction through deferred adjudication, diversion programs, or outright dismissal. But those outcomes require skilled legal representation from the start. If you need a misdemeanor attorney in Austin, TX, contact our law office for a free consultation before you make any decisions that could affect your future. Whether you need legal advice after an arrest or want to understand your options before your first court date, our Austin criminal defense lawyer team is ready to help.
Texas classifies misdemeanors into three classes: A, B, and C. Each class sets the maximum penalty a defendant faces if convicted. The class of your charge also determines which defenses and diversion options are available to you. Understanding these misdemeanor charges in Austin, Texas, is critical to building the right legal defense.
Class A and Class B misdemeanors are the two most serious misdemeanor levels in Texas. Both carry potential jail time and significant fines, and a conviction at either level creates a permanent criminal record.
A Class A misdemeanor carries a maximum jail term of 1 year in Travis County and a fine of up to $4,000. Common Austin-area charges at this level include:
Class A convictions appear on all background checks and carry the same permanent record consequences as higher-level charges without expunction or nondisclosure. Some Class A charges can also be elevated to felony charges when aggravating factors or prior convictions apply, such as aggravated assault cases.
A Class B misdemeanor carries up to 180 days in Travis County jail and a fine of up to $2,000. Common charges in Austin at this level include:
A first DWI in Travis County, typically a Class B misdemeanor, triggers additional consequences. These include driver's license suspension and mandatory education programs. Both Class A and Class B misdemeanors warrant a skilled legal defense because convictions at either level affect housing, employment, and professional licensing.
A Class C misdemeanor is the lowest criminal charge under the Texas Penal Code. The penalty is a fine of up to $500 with no jail time. Common examples in Austin include minor in possession of alcohol, simple assault (offensive contact without injury), public intoxication, disorderly conduct, theft under $100, and certain traffic violations elevated to criminal status.
Here is the misconception most people have: Class C misdemeanors are still criminal offenses, not civil infractions. A conviction creates a criminal record. The key option for Class C cases is deferred disposition. A judge defers a finding of guilt, and if the defendant meets the conditions, which may include community service, a fine, and staying out of trouble, the case is dismissed. After dismissal, the arrest may qualify for expunction.
Class C cases are handled in Austin Municipal Court and Justice of the Peace courts, not Travis County Courts at Law. Even a Class C charge is worth handling properly. An improperly handled Class C can result in a conviction that follows you for years.
Austin and Travis County courts handle a wide range of misdemeanor charges. Every case is different, but certain charge types appear on the docket again and again. Each requires defense strategies tailored to its specific elements. We handle all misdemeanor charges filed in Travis County and in the Austin Municipal Court.
These three categories account for a large share of misdemeanor criminal cases in Travis County.
A DWI charge requires proof that a person operated a motor vehicle in a public place while intoxicated, meaning a blood alcohol concentration of 0.08% or higher, or any level of impairment. Our DWI attorneys challenge these cases on multiple fronts: the legality of the traffic stop, the reliability of field sobriety tests, breathalyzer calibration, and blood draw procedures. A DWI conviction triggers automatic driver's license suspension, mandatory DWI education programs, and possible ignition interlock device requirements, even for a first offense. Travis County has specific DWI court programs for eligible first-time offenders that can lead to better outcomes.
The most common misdemeanor drug charges involve possession of marijuana. A Class B covers up to 2 ounces; a Class A covers 2 to 4 ounces. Possession of paraphernalia, including items like a dab rig used for controlled substance concentrates, can also result in criminal charges depending on the circumstances. Under the Texas Health & Safety Code and the Texas Controlled Substances Act, drug offenses are classified by drug penalty groups that determine the charge level based on the type and amount of the controlled substance. Our drug defense attorney team challenges these cases through Fourth Amendment search-and-seizure arguments, chain-of-custody issues, and constructive possession defenses. Travis County has historically deprioritized low-level marijuana prosecution, but state law still applies, and drug charges are still filed regularly by the Austin Police Department.
Simple assault causing bodily injury is the most common assault charge at the misdemeanor level. We defend against these charges by asserting self-defense, lack of intent, credibility challenges to the complainant, and the context of the prior relationship. Domestic / family violence assault carries additional consequences. These include no-contact orders and a federal firearm restriction under the Lautenberg Amendment that applies for life. If you face any assault-related charge, speak with a criminal lawyer at our firm before making any statements to law enforcement.
Property and public order misdemeanor charges make up a significant part of the Travis County docket.
Theft under $100 is a Class B misdemeanor. Theft of property valued between $750 and $2,500 is a Class A misdemeanor, just below the felony threshold. We challenge theft charges by attacking the element of intent to deprive, raising mistake of fact, disputing the value of the property, or challenging the identification of the defendant. Theft convictions, even at the misdemeanor level, can damage employment prospects in retail and financial industries.
Criminal trespass means entering or remaining on property after receiving notice through a fence, sign, or verbal warning. Most trespass situations result in a Class B misdemeanor. If the defendant carried a deadly weapon during the trespass, the charge rises to a Class A. We defend these cases by challenging whether notice was given, whether permission existed, or whether the property boundary was clear.
These are common Austin-area charges, especially near entertainment districts on 6th Street and Red River. Deferred disposition is the most common resolution path for first-time Class C offenders in the Austin Municipal Court.
An effective misdemeanor defense in Austin is not about showing up in court. It requires a thorough investigation and a clear evaluation of every path to resolution. At LaVine Law Firm, we build every defense from the ground up.
We request and review all police reports, body camera footage, dashcam footage, and arrest records. We look for constitutional violations at the time of the stop or arrest, including violations of the Fourth, Fifth, and Sixth Amendments. Knowing what to do during a police encounter is essential to preserving your defense options. We also review the charging instrument to confirm it meets legal standards.
Motions to suppress can remove evidence that was obtained in violation of your rights. If key evidence is suppressed, the prosecution often cannot proceed with the case. We also file motions to dismiss for insufficient evidence or for failure to state a claim.
Travis County offers several diversion and alternative resolution options:
We take misdemeanor cases to trial when the facts and evidence support it. Every defendant is innocent until proven guilty, and a not-guilty verdict is the goal when a favorable plea is not available. The right defense strategy depends on the specific charge, the evidence, and your goals. We evaluate all of this from the very first consultation.
The consequences of a misdemeanor conviction reach far beyond the courtroom. Most clients do not understand the full cost until after a conviction is entered. Here is what is at stake.
Criminal Record: A misdemeanor conviction in Texas is permanent. It does not fall off your record after a set period. Expunction is available only for arrests that did not result in a conviction or for certain deferred adjudication completions. An order of nondisclosure, which seals the record from public view, may be available for some deferred adjudication cases after a waiting period. Still, it is not automatic and is subject to eligibility restrictions. Learn more about how long misdemeanors stay on your record in Texas.
Employment: Most background checks surface misdemeanor convictions. Employers in healthcare, education, finance, and government routinely disqualify applicants with Class A or Class B misdemeanor records. Professional licenses in nursing, real estate, teaching, law, and finance can be denied or revoked based on a misdemeanor conviction.
Housing: Landlords increasingly conduct criminal background checks. A misdemeanor conviction can result in application denials. Subsidized housing programs may also restrict access based on your criminal record.
Family Violence Misdemeanor: A family violence finding, even on a Class A misdemeanor, triggers a permanent federal firearms ban under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)). It can also be used in child custody proceedings and can affect immigration status for non-citizens.
Avoiding a conviction, or achieving a deferred adjudication that can later be sealed, is almost always worth pursuing. LaVine Law Firm helps clients across Austin and Travis County do exactly that.
How long does a misdemeanor stay on your record in Texas?
A misdemeanor conviction is permanent unless expunged or sealed by a court. It does not fall off after a set number of years without legal action.
Can a misdemeanor charge be dismissed in Travis County?
Yes. Dismissal can happen through deferred adjudication, evidence suppression, or prosecutorial discretion. A defense attorney can assess which path fits your charge and facts. Read about whether charges can be dropped after an arrest in Texas.
What is the difference between deferred adjudication and a conviction in Texas?
Deferred adjudication means no formal conviction is entered if probation is completed. A conviction means a guilty finding becomes part of your permanent criminal record.
Will a misdemeanor show up on a background check in Texas?
Yes. Misdemeanor arrests and convictions appear on background checks. Deferred adjudication may also remain in effect until a nondisclosure order is granted through a separate court petition.
Do I need a lawyer for a misdemeanor charge in Austin?
Yes. Unrepresented defendants, including those who rely on public defenders without consulting other options, often accept convictions without exploring dismissal or deferred paths. Even a Class B misdemeanor can affect employment, housing, and licensing. Find out more about how much a criminal defense lawyer costs in Texas.
Can a misdemeanor be expunged in Texas?
Most misdemeanor convictions cannot be expunged. Arrests without conviction and some deferred adjudication completions may qualify for expunction or nondisclosure depending on the criminal offense.
A misdemeanor charge in Austin is not a minor inconvenience. It is a criminal charge that can follow you for years. LaVine Law Firm is ready to help you fight it.
We protect Austin and Travis County clients from the long-term consequences of a misdemeanor conviction. Whether you face DWI charges, drug possession, domestic violence allegations, theft charges, weapon charges, sex crimes, online solicitation, solicitation of prostitution, revenge porn, or any other criminal offense, our criminal defense team builds a defense strategy around your case. We also handle felony cases, murder charges, sexual assault of a minor, drug trafficking, and probation revocation matters. If you need help with jail release after an arrest, an inmate search, or a warrant search, our Austin defense attorney team can guide you through the process quickly.
Contact LaVine Law Firm today for a free, confidential case evaluation. We offer free consultations, payment plans, prompt responses, and strict confidentiality with no obligation. Our law offices serve clients throughout Austin, Travis County, San Marcos, and surrounding Central Texas jurisdictions, including Williamson County and Hays County. Call our law office to schedule your free consultation today. You deserve a criminal defense team that fights to win your case, and the time to act is now.
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