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

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 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.