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Austin Criminal Law Help

Misdemeanor Criminal Defense Strategies

Many criminal defense attorneys view misdemeanor offenses as “minor” problems or “lower level” cases, and may spend a minimum amount of time on preparing your defense. This is an unacceptable approach to take when your reputation and future financial well-being are on the line. Every criminal charge MUST be defended as the serious matter that it is. A conviction, or even a record of an arrest, can negatively affect your ability to get a good job, to be admitted to certain educational institutions or be licensed in certain occupations. Additionally, many misdemeanor crimes carry extra penalties like license suspensions and hidden financial charges placed upon citizens by various state agencies if you are convicted. Avoiding a misdemeanor conviction can also prevent you from receiving felony in the future due to a prior conviction.

Evans and Peek regularly defends people charged with DWI and other misdemeanor offenses. We take the same committed approach to these cases as we do to a major felony case. Evans and Peek work as hard as possible to achieve the best results for our clients. If you are serious about fighting the charge or charges you are facing, contact us today.

Classification of Misdemeanors

Misdemeanor criminal offenses are divided into one of the following three categories in Texas, depending on the seriousness of the offense:

Class A misdemeanors – Punishable by a fine not to exceed $4,000, confinement in the county jail for a term not to exceed one year, or both such fine and confinement. Persons convicted of a Class A misdemeanor offense may be placed under community supervision. Assault Bodily Injury is one example of a Class A misdemeanor.

Class B misdemeanors

Punishable by a fine not to exceed $2,000, confinement in the county jail for a term not to exceed 180 days, or both such fine and confinement. Persons convicted of a Class B misdemeanor offense may be placed under community supervision. A first offense DWI is one example of a Class B Misdemeanor.

Class C misdemeanors

Punishable by a fine not to exceed $500. As there is no jail sentence possible, regular probation cannot be given in these cases. However, a special deferred adjudication probation is a possibility for many first time offenders. This type of probation results in no conviction once the case is resolved. Speeding is one example of a Class C Misdemeanor.

Some Common Misdemeanor Offenses

Assault (Bodily Injury-Family)

Assault (Bodily Injury)

Assault (Family Violence)

Assault (Offensive Touching)

Boating While Intoxicated

Burglary of Vehicle

Possession of Alcohol in Motor Vehicle

Criminal Mischief

Criminal Trespass

Deadly Conduct

Discharge of Firearm in Certain Municipalities

Disorderly Conduct

Disturbing a Public Meeting or Procession

Dog Fighting

Driving While License Invalid

Driving While License Suspended

Driving With No License

DWI 1st DWI 2nd

Evading Arrest or Detention

Fail to Stop & Give Info

Failure to ID

Failure to ID w/ Warrant

Flying While Intoxicated

Forgery

Gambling

Harboring Runaway Child

Bombs

Indecent Exposure

Issuance of Bad Check

Minor Consuming Alcohol

Minor in Possession of Alcohol

Minor in Possession of Tobacco

No Insurance

No Registration

Obstructing Highway or Other Passageway

Obstruction or Retaliation

Possession of a Dangerous Drug

Possession of a Prohibited Weapon

Possession of Marijuana (0-2 oz.)

Possession of Marijuana (2-4 oz.)

Preventing Execution of Civil Process

Prohibited Sexual Conduct

Prohibited Weapons

Prostitution

Providing Alcohol to a Minor

Public Intoxication

Public Lewdness

Reckless Driving

Resisting Arrest, Search, or Transportation

Terroristic Threat

Theft

Theft of Service

Theft of Telecommunications Service

Theft (by Check)

Unlawful Carry of a Weapon

Unlawful Carrying of Handgun by License Holder

Unlawful Use of Criminal Instrument

Violation of Protective Order or Magistrate Order