Houston Criminal Defense

Misdemeanor Defense

Misdemeanors are not minor matters. A conviction — or even a guilty plea taken without full information — can affect employment, professional licenses, housing applications, and immigration status. The decision you make now has consequences that extend beyond the courtroom.

Texas Misdemeanor Classifications

Texas divides misdemeanors into three classes. The classification determines the penalty range and, critically, the long-term consequences of a conviction or plea:

  • Class A Misdemeanor — up to 1 year in county jail, up to $4,000 fine
  • Class B Misdemeanor — up to 180 days in county jail, up to $2,000 fine
  • Class C Misdemeanor — fine only, up to $500 (no jail time)

Certain misdemeanor convictions carry mandatory consequences beyond the sentence — loss of commercial driver's license eligibility, required reporting to professional licensing boards, and effects on deferred adjudication eligibility in future cases.

Common Misdemeanor Charges

Chapell Law handles misdemeanor matters across the full range of charges in Harris County and throughout Texas:

  • Assault — Class A and B (family violence and non-family violence)
  • DWI — first and second offense
  • Theft — Class A and B
  • Possession of marijuana (Class B or A depending on amount)
  • Criminal mischief
  • Resisting arrest or search
  • Terroristic threat
  • Unlawful carry of a weapon
  • Criminal trespass
  • Harassment and stalking

Why a Misdemeanor Deserves Serious Attention

The misdemeanor courts in Harris County move quickly. Prosecutors make offers early, and many defendants — often without counsel, or with counsel who is managing a very high caseload — accept those offers without fully understanding the consequences. What looks like a resolved matter can create significant problems months or years later.

Family violence misdemeanors, in particular, create permanent consequences. A conviction triggers federal firearms disabilities and can be used to enhance future charges. These cases require the same level of attention as felony matters.

Brent Chapell evaluates each misdemeanor matter individually — reviewing the evidence, identifying any issues with the stop, arrest, or investigation, and assessing whether a plea is the right outcome or whether the case should be taken to trial or dismissed.

Deferred Adjudication and Diversion

Many misdemeanor cases can be resolved through deferred adjudication or pretrial diversion programs that, upon completion, avoid a conviction on your record. Some completed cases may be eligible for expunction or a nondisclosure order — meaning the record can be cleared or sealed.

Understanding which path is available — and which is actually in your interest — requires an honest evaluation of the facts, the evidence, and what the long-term consequences of each option actually are.

Harris County Misdemeanor Courts

Brent Chapell has practiced in the Harris County misdemeanor courts as both a prosecutor and defense attorney. He understands how these cases are handled, what prosecutors consider, and how to position a case for the best available result.

Every misdemeanor client receives direct representation — not delegation to a junior associate or case manager. Brent personally evaluates the case, communicates with clients throughout, and handles the proceedings directly.

YOUR MISDEMEANOR. HIS PERSONAL ATTENTION.

Brent Chapell handles every misdemeanor matter directly — from initial review through resolution. The consultation is confidential.

SCHEDULE A CONFIDENTIAL CONSULTATION

What "Misdemeanor" Actually Means in Texas

Texas misdemeanors are divided into three classes. Class C misdemeanors are the least serious — punishable only by a fine — and are handled in municipal or justice of the peace courts. Class A and Class B misdemeanors can result in jail time, fines, and probation, and are prosecuted in county courts at law.

  • Class C Misdemeanor: Fine only (up to $500); no jail — includes minor traffic violations, disorderly conduct, simple assault without contact
  • Class B Misdemeanor: Up to 180 days in county jail; up to $2,000 fine — includes first-offense DWI, possession of small amounts of marijuana, criminal trespass
  • Class A Misdemeanor: Up to 1 year in county jail; up to $4,000 fine — includes assault causing bodily injury, second-offense DWI, theft of $750–$2,500

People often accept misdemeanor pleas without understanding what they're agreeing to. A permanent criminal conviction — even for a Class B — shows up on background checks and can affect employment, housing, and professional licenses. Before you plead, you deserve to understand your options fully.

Common Misdemeanor Charges

Assault (Class A or B)

Texas assault charges range from Class C (threatening contact) to Class A (assault causing bodily injury). Even a Class B assault allegation — often arising from a dispute, an argument that escalated, or a bar fight — results in an arrest record that follows you. Brent handles assault cases including those involving allegations of family violence, which carry additional consequences.

DWI (First Offense)

First-offense DWI is a Class B misdemeanor in Texas, but its consequences reach far beyond a fine. Convictions trigger driver's license surcharges, potential ignition interlock requirements, and a permanent record. Brent reviews every aspect of the stop, the field sobriety tests, and any chemical testing before advising on the best path forward.

Theft

Theft of property valued under $100 is a Class C misdemeanor; $100–$750 is a Class B; $750–$2,500 is a Class A. Shoplifting and similar allegations frequently lead to misdemeanor theft charges that employers treat very seriously. Deferred adjudication is sometimes available for first offenses, and Brent explores all options for avoiding a permanent conviction.

Drug Possession (Marijuana, Class B or A)

Marijuana possession under 2 ounces is a Class B misdemeanor in Texas; 2–4 ounces is Class A. Even as laws change in other states, Texas enforces its marijuana laws. These cases often turn on the legality of the search and whether the substance was actually under the defendant's knowing control.

Criminal Trespass, Disorderly Conduct, and Other Offenses

Many misdemeanor charges arise from disputes that escalated, situations where the facts are genuinely contested, or arrests where the police made errors. Brent evaluates the specific facts and law in every case before advising on options.

Why Misdemeanor Defense Matters

Many people assume that because a misdemeanor is "minor," the outcome doesn't matter much. The opposite is often true. A conviction that seems small in the moment can close doors for years — in job applications, professional licensing, federal financial aid, military service, and housing. For non-citizens, even a misdemeanor conviction can have serious immigration consequences.

Deferred adjudication probation — available in many misdemeanor cases — allows you to avoid a conviction entirely if you complete the terms. In some cases, dismissal, reduction, or acquittal at trial is achievable. Knowing which outcome is realistic requires an attorney who understands the evidence and knows how county prosecutors approach their cases.

Board Certified. Former Prosecutor. Your Defense Attorney.

Brent Chapell is Board Certified in Criminal Appellate Law by the Texas Board of Legal Specialization and has handled criminal cases at every level — from Class C misdemeanors to capital offenses. He spent more than a decade prosecuting cases for the government before switching to defense, which means he understands how county prosecutors build and evaluate their cases.

When you call Chapell Law, you reach Brent directly. He will evaluate your case honestly and tell you what your options actually are — not just what you want to hear.