Misdemeanors are generally dismissed as not being as serious as felony offenses, but that does not mean that convictions will not be problematic. People need to understand that pleading guilty to some misdemeanor offenses can have a significant impact on a person’s everyday life.

A person accused of a misdemeanor must still defend themselves just as aggressively as if they had been charged with a felony in most cases. Prosecutors could be more open to plea bargaining agreements in these cases, but they are often still seeking convictions for most cases.

Misdemeanor Charges Defense Lawyer | Ft Worth, Arlington, Grapevine, and Southlake, TX

Were you recently arrested for a misdemeanor offense in Tarrant County? It will be important for you to immediately seek the help of an experienced criminal defense lawyer and contact the Law Offices of Richard C. McConathy

Our firm understands the most effective ways of defending people against misdemeanor charges and will be able to help you achieve the most favorable possible outcome for your case. We will be able to sit down with you and go over everything you are dealing with when you call (817) 422-5350 or contact our firm online to take advantage of a consultation.

Types of Misdemeanor Charges in Texas

Examples of common misdemeanor charges in Tarrant County can include:

Driving While License Suspended — Under Texas Transportation Code § 521.457, a person commits an offense if the person operates a motor vehicle on a highway after the person’s driver’s license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter; during a period that the person’s driver’s license or privilege is suspended or revoked under any law of this state; while the person’s driver’s license is expired if the license expired during a period of suspension; or after the renewal of the person’s driver’s license has been denied under any law of this state if the person does not have a driver’s license subsequently issued under this chapter. A person also commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver’s license and the person operates a motor vehicle on a highway. An offense is a Class C misdemeanor, but it is a Class B misdemeanor if it is shown on the trial of the offense that the person has previously been convicted of an offense under this section or an offense under Texas Transportation Code § 601.371(a); or at the time of the offense, was operating the motor vehicle in violation of Texas Transportation Code § 601.191. If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor. An offense is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Texas Transportation Code § 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person.

First Driving While Intoxicated — Texas Penal Code § 49.04 establishes that a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. A first offense is a Class B misdemeanor, although an alleged offense involving an alcohol concentration level of 0.15 or more is a Class A misdemeanor. Alcohol concentration is defined by Texas Penal Code § 49.01(1) defines alcohol concentration as the number of grams of alcohol per 210 liters of breath; 100 milliliters of blood; or 67 milliliters of urine.

Second DWI — A second DWI in Texas is a Class A misdemeanor.

Minor in Possession of Alcohol — Under Texas Alcoholic Beverage Code § 106.05, a minor commits an offense if they possess an alcoholic beverage. A minor may possess an alcoholic beverage while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adults to whom the minor has been committed by a court; if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code; or if the beverage is lawfully provided to the minor under Texas Alcoholic Beverage Code § 106.16. This is a Class C misdemeanor, but if it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by a fine of not less than $250 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement.

Public Intoxication — Texas Penal Code § 49.02 establishes that a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. This is a Class C misdemeanor.

Violation of Protective Order — Under Texas Penal Code § 25.07, a person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally commits family violence or an act in furtherance of an offense under Texas Penal Code § 20A.02, 22.011, 22.012, 22.021, or 42.072; communicates: directly with a protected individual or a member of the family or household in a threatening or harassing manner; a threat through any person to a protected individual or a member of the family or household; or in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household; goes to or near any of the following places as specifically described in the order or condition of bond: the residence or place of employment or business of a protected individual or a member of the family or household; or any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends; possesses a firearm; harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond; or removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system. An offense under this section is a Class A misdemeanor, except the offense, is a state jail felony if it is shown at the trial of the offense that the defendant violated an order issued as a result of an application filed under Article 7A.01(a-1), Code of Criminal Procedure; or a third-degree felony if it is shown on the trial of the offense that the defendant has previously been convicted two or more times of an offense under this section or two or more times of an offense under Section 25.072, or has previously been convicted of an offense under this section and an offense under Section 25.072; or has violated the order or condition of the bond by committing an assault or the offense of stalking.

Misdemeanor Assault — Texas Penal Code § 22.01 establishes that a person commits an assault offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. An offense is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

Criminal Mischief — Under Texas Penal Code § 28.03, a person commits an offense if, without the effective consent of the owner they intentionally or knowingly damage or destroy the tangible property of the owner; they intentionally or knowingly tamper with the tangible property of the owner and cause pecuniary loss or substantial inconvenience to the owner or a third person; or they intentionally or knowingly make markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner. An offense is a Class C misdemeanor if the amount of pecuniary loss is less than $100; or except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others; a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; a Class A misdemeanor if: the amount of pecuniary loss is $750 or more but less than $2,500; or the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss; a state jail felony if the amount of pecuniary loss is: $2,500 or more but less than $30,000; less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon; less than $2,500, if the property was a fence used for the production or containment of: cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or game animals as that term is defined by Section 63.001, Parks and Wildlife Code; or less than $30,000 and the actor: causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply; a third-degree felony if: the amount of the pecuniary loss is $30,000 or more but less than $150,000; or the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses; a second-degree felony if the amount of pecuniary loss is $150,000 or more but less than $300,000; or a first-degree felony if the amount of pecuniary loss is $300,000 or more.

Misdemeanor Possession of Marijuana — Texas Health and Safety Code § 481.121 establishes that a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. An offense is a Class B misdemeanor if the amount is two ounces or less; a Class A misdemeanor if the amount is four ounces or less but more than two ounces; a state jail felony if the amount is five pounds or less but more than four ounces; a third-degree felony if the amount is 50 pounds or less but more than 5 pounds; a second-degree felony if the amount is 2,000 pounds or less but more than 50 pounds; and punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount is more than 2,000 pounds.

Shoplifting — Theft, as defined in Texas Penal Code § 31.03, constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. A person commits a theft offense under Texas Penal Code § 31.03 if they unlawfully appropriate property with intent to deprive the owner of the property. Appropriation of property is unlawful if: it is without the owner’s effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another, or property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. Theft is a Class C misdemeanor if the value of the property stolen is less than $100; a Class B misdemeanor if: the value of the property stolen is $100 or more but less than $750; the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or the property stolen is a driver’s license, commercial driver’s license, or personal identification certificate issued by this state or another state; a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; a state jail felony if: the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; the property stolen is a firearm, as defined by Section 46.01; the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; the property stolen is an official ballot or official carrier envelope for an election; or the value of the property stolen is less than $20,000 and the property stolen is: aluminum; bronze; copper; or brass; a third-degree felony if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or a controlled substance, having a value of less than $150,000, if stolen from: a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or a vehicle owned or operated by a wholesale distributor of prescription drugs; a second-degree felony if: the value of the property stolen is $150,000 or more but less than $300,000; or the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or a first-degree felony if the value of the property stolen is $300,000 or more.

Reckless Driving — Texas Transportation Code § 545.401 establishes that a person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property. An offense is a misdemeanor punishable by a fine not to exceed $200; confinement in county jail for not more than 30 days; or both the fine and the confinement.

Misdemeanor Charges Penalties in Tarrant County

Ordinary misdemeanor punishments are found under Subchapter B of Chapter 12 in the Texas Penal Code. Penalties for misdemeanors are as follows:

Class C Misdemeanor — According to Texas Penal Code § 12.23, an individual who is convicted of a Class C misdemeanor offense can face a fine of not more than $500. This is the lowest level of offense in Texas and is the default misdemeanor charged for unclassified misdemeanor offenses.

Class B Misdemeanor — According to Texas Penal Code § 12.22, an individual who is found guilty of a Class B misdemeanor offense can receive a jail sentence of up to 180 days and/or a fine of up to $2,000.

Class A Misdemeanor — According to Texas Penal Code § 12.21, an individual who is adjudged guilty of a Class A misdemeanor offense can be sentenced to jail for up to one year and/or a fine not exceeding $4,000.

Texas law provides for additional penalties for repeat and habitual misdemeanor offenders under Texas Penal Code § 12.43. A repeat or habitual misdemeanor offender is anyone who has a previous misdemeanor or felony conviction.

A repeat or habitual misdemeanor offense may be subjected to any of the following penalties:

An individual who is currently charged with a Class A misdemeanor offense and has a previous Class A misdemeanor or any felony conviction can face a fine up to $4,000 and/or a jail sentence ranging from 90 days to one year.

An individual who is currently charged with a Class B misdemeanor offense that has a previous Class A misdemeanor, Class B misdemeanor or any felony offense can be punished by a fine up to $2,000 and/or a jail sentence ranging from 30 days to 180 days.

An individual who is currently charged with a Class C misdemeanor disorderly conduct or public intoxication offense that has been convicted of any of those offenses three times within 24 months of each offense can face a fine up to $2,000 and/or a jail sentence up to 180 days.

Fort Worth Misdemeanor Charges Resources

Texas Crime Report for 2019 | The Texas Department of Public Safety (DPS) — View a report detailing Texas crime statistics. Learn more about murder, rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft, arson, and human trafficking rates as well as DWI arrests, weapons arrests, cargo theft, family violence, and hate crimes, and sexual assault. See the percentage change between years as well as information about specific locations.

America’s Massive Misdemeanor System Deepens Inequality — This Equal Justice Initiative article argues that misdemeanors account for about 80 percent of American criminal dockets. While there is no definitive national data on the number or type of misdemeanor cases, misdemeanors comprise approximately 80 percent of all arrests and 80 percent of state dockets, based on arrest data from the FBI and other statistical reports. All but a handful of misdemeanor cases are resolved by plea deals, and recent studies have found that racial disparities in plea agreements were even greater in misdemeanor cases than in felony cases.

Find A Tarrant County Defense Attorney for Misdemeanor Charges | Law Offices of Richard C. McConathy

If you were arrested for a misdemeanor offense in the Fort Worth area, do not delay in seeking legal representation. It will be critically important for you to have a criminal defense attorney who can argue for your freedom.

The Law Offices of Richard C. McConathy will be able to mount an aggressive defense against whatever charges you might be facing. Our firm will be ready to take a long, hard look at your case and perform a complete evaluation of the steps to be taken as soon as you call (817) 422-5350 or contact us online to schedule a free consultation.

0/5 (0 Reviews)