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.
Misdemeanor charges are criminal offenses less serious than felonies but more serious than citations or infractions. In Texas, a misdemeanor conviction can land you in county jail for up to one year and saddle you with a permanent criminal record. Misdemeanors are the most common criminal charges filed in Texas each year, and according to the U.S. Equal Employment Opportunity Commission, employers routinely use criminal background checks when making hiring decisions. That means even a low-level charge can block you from jobs, housing, and professional licenses long after the case ends.
While misdemeanors sit below felonies in the classification of crimes, they are not minor. A conviction creates real consequences that follow you for years. At LaVine Law Firm, our criminal defense attorneys help people facing misdemeanor charges across Texas. We fight to protect your record, your freedom, and your future.
In Texas, misdemeanor crimes are classified into three classes: Class A, Class B, and Class C. The class assigned to a charge sets the maximum penalty you face. The Texas Penal Code, Chapter 12 determines the class based on the specific offense and any aggravating circumstances. Understanding where your charge falls is the first step toward building a defense.
A Class A misdemeanor is the highest level of misdemeanor charge in Texas, under Tex. Penal Code Ann. § 12.21, the penalty range includes up to one year in county jail and a fine of up to $4,000. These charges carry weight in the judicial system, and judges take them seriously at every stage from the pretrial conference through sentencing.
Common Class A misdemeanor offenses include:
A Class A conviction results in a permanent criminal record visible on background checks. Expunction or nondisclosure may be available in certain cases, but neither is guaranteed. Class A misdemeanors can also be enhanced to felony-level charges when aggravating factors apply, such as prior convictions or the victim's status. The line between a misdemeanor and a felony can be thinner than most people realize. For a detailed look at how Texas draws that line, read our guide on the difference between a felony and a misdemeanor in Texas.
A Class B misdemeanor carries a penalty of up to 180 days in county jail and a fine of up to $2,000 under Tex. Penal Code Ann. § 12.22. Even 180 days behind bars and a $2,000 fine create a serious disruption. The record consequences last far longer than the jail sentence.
Common Class B offenses include:
If you are facing a first-offense DWI in Texas, our Houston DWI defense lawyers can help you understand the penalties and defense options specific to your case.
A Class C misdemeanor is the lowest criminal charge in Texas, under Tex. Penal Code Ann. §§ 12.03, 12.23, the penalty is a fine of up to $500 with no jail sentence. Common Class C offenses include minor in possession of alcohol, simple assault involving offensive contact without injury, public intoxication, disorderly conduct, and traffic violations elevated to criminal status. Many people assume a Class C charge is harmless. It is not. A Class C conviction still creates a criminal record. Deferred disposition may be available in some cases, which can help you avoid a conviction on your record.
Both misdemeanors and felonies create criminal records, but the consequences differ in ways that shape your life. Understanding the levels of offenses in Texas helps you grasp what is at stake. The gap between the two categories affects where you serve time, how long you serve, and what rights you lose.
Where the sentence is served:
Sentence length:
Civil rights consequences:
Felony convictions strip voting rights during incarceration and supervised release. They trigger a permanent federal firearm ban. Some felonies bar you from certain professional licenses for life.
Misdemeanor convictions do not automatically result in a loss of voting rights. However, certain misdemeanors, particularly family violence convictions, trigger federal firearm restrictions under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)). If you are facing a domestic violence misdemeanor, our Houston domestic violence defense attorneys can explain how a conviction could affect your firearm rights and other areas of your life.
Texas classifies felonies into their own tiers, including state jail felonies and first-, second-, and third-degree felonies. Each carries its own maximum sanction. Some misdemeanor arrests may qualify for expunction, and certain convictions may qualify for nondisclosure. Most felony convictions cannot be expunged or sealed. Even a misdemeanor charge is worth defending, and LaVine Law Firm handles criminal cases at every level.
A misdemeanor conviction reaches into your life for years after the case closes. The criminal penalties you face in court are only part of the picture. The real damage often shows up in the areas of your life that matter most.
Employment and professional licensing:
Most misdemeanor convictions appear on background checks with no expiration date. A Bureau of Justice Statistics study found that the use of criminal history records for non-criminal-justice purposes increased by 29% between 2010 and 2014, and the screening industry has continued to expand since then. Many employers in healthcare, education, finance, and government screen out applicants with a criminal record.
Professional licenses for nursing, teaching, real estate, law, and financial services can be denied or revoked based on misdemeanor convictions. A pre-sentence report can also surface your record during sentencing for future offenses.
Housing:
Landlords run criminal background checks on rental applications. A misdemeanor can result in denial. Subsidized housing programs may also disqualify applicants with certain convictions.
Immigration:
Non-citizens can face deportation, inadmissibility, or bars to naturalization for misdemeanor convictions. Drug-related offenses and domestic violence misdemeanors carry the highest immigration risk.
Family law:
Misdemeanor convictions for assault or family violence can affect child custody decisions. Courts weigh criminal sexual conduct charges and any history of violence when setting custody terms.
The consequences of a misdemeanor conviction extend far beyond any fine or jail sentence. Reputational harm alone can close doors for years. Fighting the charge is worth the effort, and the statute of limitations under Tex. Crim. Proc. Code Ann. § 12.02 gives both the prosecution and the defense a timeline to work within. Mitigating factors and mitigating circumstances can influence sentencing, but only if your criminal defense lawyer presents them. Learn more about how long misdemeanors stay on your record in Texas and what options exist for clearing your record. LaVine Law Firm builds every defense around the goal of protecting your record and your future.
A misdemeanor conviction in Texas is permanent. It does not fall off your record after a set number of years. Only expunction or nondisclosure can remove or seal it. Our Houston expungement lawyer can help you determine whether you qualify.
Yes. Dismissal can happen through deferred adjudication, deferred disposition, evidence suppression, or plea negotiations. A defense attorney can evaluate which path fits your case. Read our guide on whether charges can be dropped after an arrest in Texas for more details.
Yes. Dismissal can happen through deferred adjudication, deferred disposition, evidence suppression, or plea negotiations. A defense attorney can evaluate which path fits your case. Read our guide on whether charges can be dropped after an arrest in Texas for more details.
Yes. Through plea bargains or deferred adjudication, some misdemeanor charges can be reduced or resolved without a formal conviction. The outcome depends on the charge and the mitigating circumstances involved.
Class A is the more serious level. It carries a maximum of one year in jail and a $4,000 fine. Class B carries a maximum of 180 days and a $2,000 fine under the criminal code.
Yes. Certain misdemeanor convictions, including drug offenses under state drug laws and crimes involving moral turpitude like theft cases, can trigger deportation for non-citizens.
A misdemeanor charge may sound minor, but in Texas, the consequences can follow you for years. LaVine Law Firm is here to help you fight back. We provide focused criminal defense to every client facing misdemeanor charges, whether it is a Class C traffic matter or a Class A charge one step from felony-level criminal prosecution. Knowing the first things to do if you get arrested can protect your rights from the start.
Contact us today for a free, confidential case evaluation. We respond fast, maintain strict confidentiality, and place no obligation on you to retain our firm. Our Houston misdemeanor defense attorneys review your case, explain your options, and build a defense strategy aimed at the best possible outcome. Whether you need help with a speedy trial demand, community service negotiation, or a full trial defense, we stand ready. Call now. Your record is worth protecting, and we are ready to defend it.
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