Misdemeanor Lawyer in Austin: Class A, B and C Defense in Travis County

A misdemeanor charge can look small on paper and still cost a great deal. A conviction can show up in a background check, make an apartment application harder, stand in the way of a professional license and, for a Class A or B offense, bring jail time. Barton & Associates defends people charged with misdemeanors in the Travis County courts, from a fine-only citation to a Class A charge that carries up to a year in jail. If you are looking for an Austin misdemeanor attorney, this page explains how Texas sorts these offenses, what each class can cost and what a defense looks like.

Misdemeanor defense is one part of the work of our Austin criminal defense attorney team. The sections below link to pages on specific charges, so you can go straight to the one that matches yours.

The Three Classes of Misdemeanor in Texas

Texas divides misdemeanors into three classes, and the class controls the punishment, the court and the long-term consequences. Our guide to felony versus misdemeanor charges shows where the lines fall and how a charge can move from one level to another.

• Class C is the lowest level. Under Penal Code Section 12.23 the punishment is a fine of up to $500, with no jail time. Many traffic citations are in this group, as are theft or criminal mischief where the loss is under $100, and a failure to stop and give information after a collision that caused less than $200 in damage.
• Class B carries up to 180 days in jail and a fine of up to $2,000. A first DWI, criminal trespass, harassment, theft of $100 to under $750, and criminal mischief of $100 to under $750 are usually Class B.
• Class A is the most serious misdemeanor, with up to one year in jail and a fine of up to $4,000. Assault causing bodily injury, resisting arrest, deadly conduct, a second DWI, and theft or criminal mischief of $750 to under $2,500 are usually Class A.

The label is only a starting point. A prior conviction, the place where the offense happened, the identity of the person involved or a weapon can raise a charge to a higher class, and some misdemeanors have their own rules. For example, a reckless driving conviction carries a fine of up to $200 or up to 30 days in jail, or both, and a DWI has a mandatory minimum jail term. We read the statute for the exact charge you face before we talk about a result.

What a Misdemeanor Conviction Can Cost Beyond the Sentence

The court sentence is often the smaller part of the cost. A conviction becomes part of a public record, and it can follow you in ways that are easy to overlook:

• Work. Many employers run background checks, and some jobs, such as those that involve driving, handling money or working with children, are closed to people with certain convictions.
• Housing. Landlords and property managers often screen applicants for criminal history.
• Professional licenses. Licensing boards can ask about a conviction or an arrest and act on the answer.
• Firearms. A conviction for a misdemeanor crime of domestic violence can trigger a federal firearms prohibition.
• Immigration. Some convictions carry immigration consequences for people who are not U.S. citizens, so tell your lawyer about your status before you decide how to plead.
• Your next case. A prior conviction can raise the class of a later charge and affect how a prosecutor treats it.

How a Misdemeanor Case Moves Through the Travis County Courts

The Travis County Attorney’s Office prosecutes the misdemeanor cases filed in the county. Class A and Class B cases are heard in the county courts at law, and Class C cases are heard in the justice of the peace courts or, for tickets written inside the city, the Austin Municipal Court. The county’s criminal courts sit at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street. Judges differ in how they run a docket and take up motions, so it helps to have a lawyer who knows the court your case is in.

A case usually begins with an arrest and a first appearance before a magistrate, or with a citation and a court date. The next steps are the arraignment, where you enter a plea, then the exchange of evidence, pretrial motions and negotiations, and a trial if the case does not resolve. Our article on what happens at an arraignment explains the first of these, and the stages that follow are listed in the FAQ below.

Ways a Misdemeanor Charge Can Be Challenged

The State must prove every element of the offense beyond a reasonable doubt. The defenses that matter depend on the charge, and these are the ones we look at first:

• The stop, the detention and the search. An officer needs reasonable suspicion to stop or detain you and a lawful basis to search. If the police broke the rules, a motion to suppress can keep the evidence out. Our article on motions to suppress in Texas explains how that works, and the guide to your rights during a police stop covers what to say and not say.
• Knowledge and intent. Many offenses require the State to prove that you acted knowingly, intentionally or recklessly. In a possession case, for example, the State has to show that you knew the item was there.
• Identity. Witness identification, surveillance video and officer observations are sometimes less reliable than they first appear.
• The complaining witness. In assault, harassment and threat cases the case often rests on one person’s account, and credibility, motive and the surrounding messages or recordings matter.
• The value or the facts that set the class. In a theft or criminal mischief case the dollar amount decides whether the charge is Class C, B or A, so we look closely at how the State arrived at it.
• The elements as written. Some charges are filed under the wrong section or on facts that do not match the statute.

Whether any of these applies depends on the file. We read the offense report, request the video and look at the witness statements before we discuss a plea, and we tell you honestly where the case is strong and where it is weak.

Deferred Disposition, Deferred Adjudication and Dismissal

Many people hope to resolve a misdemeanor without a conviction, and there are several routes. The right one depends on the court and the charge.

For a Class C citation in a justice or municipal court, Texas law allows a judge to defer the final disposition for a set period. If you meet the conditions, such as paying a fine, taking a class or staying out of trouble, the case is dismissed. For a Class A or B charge in a county court at law, the equivalent is deferred adjudication. You plead guilty or no contest, the judge defers a finding of guilt and places you on probation, and a successful completion ends in a dismissal. A deferred adjudication still appears on your record, and it can count as a prior in a later case, but it may make you eligible for an order of nondisclosure. Our guide to deferred adjudication in Texas explains the rules and the risks of failing to complete it.

A dismissal can also come without any plea, when the evidence is thin, a key witness will not testify or a motion succeeds. A prosecutor’s willingness to dismiss or reduce a charge varies with the facts and the office, and we do not promise any result. If you are already on probation and a violation has been alleged, our Austin probation lawyer page covers that stage.

Clearing a Misdemeanor From Your Record

Texas has no automatic expungement, and a dismissal or an acquittal does not remove an arrest from your record on its own. Chapter 55A of the Code of Criminal Procedure governs expunction, which erases an arrest record when the statute’s conditions are met. Government Code Chapter 411 governs orders of nondisclosure, which can keep a deferred adjudication or some convictions from public view after a waiting period and with limits. Eligibility for either depends on how the case ended. Our expunction guide for Chapter 55A and the nondisclosure guide for Chapter 411 walk through each one, and our short overview of how expunction works is a good place to start.

When a Misdemeanor Is Tied to Another Charge

Many misdemeanor arrests involve a second issue. A DWI lawyer in Austin handles the first and second DWI, which are Class B and Class A offenses with their own license consequences. Our drug possession attorney in Austin page covers marijuana and paraphernalia cases, and an Austin domestic violence attorney defends assault and family violence charges, which carry extra consequences for custody, protective orders and firearms. A charge that begins as a misdemeanor can also become a felony because of a prior conviction or an injury, and our Austin felony attorney page explains how those cases are handled. We look at the whole picture, because a result in one case can change the options in another.

Types of Misdemeanor Cases We Handle

Each of these has its own page with more detail on the statute, the defenses and what to do next.

• Theft charges: shoplifting and other theft, where the dollar value sets the class from C to A.
• Assault and family violence: assault causing bodily injury, usually a Class A misdemeanor.
• Criminal trespass: entering or staying on property without consent, usually Class B.
• Criminal mischief: damaging or tampering with another person’s property, graded by the amount of loss.
• Harassment charges: repeated calls, messages or other conduct meant to alarm or annoy, usually Class B.
• Terroristic threat: a threat of violence, usually Class B and Class A when aimed at a family member or public servant.
• Deadly conduct: reckless conduct that places another person in imminent danger is a Class A misdemeanor, while firing a gun at a person or building is a felony.
• Resisting arrest: using force to interfere with an arrest, search or transport, usually Class A.
• Failure to stop and give information: leaving after a collision, Class C or B depending on the damage.
• Reckless driving: driving with willful or wanton disregard for safety.
• Street racing: racing or speed contests on a public road, Class B unless a prior conviction, intoxication or an injury raises it.

Why Clients Choose Barton & Associates for Misdemeanor Defense in Austin

You should know who is handling your case. Our founding attorney, Gary J. Barton, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, handled capital murder cases as a prosecutor and has tried more than 100 cases to a jury. Jim Erickson, a senior trial attorney in our Austin office, has practiced criminal defense in Texas courtrooms since 1985 and has tried more than 250 cases to a jury verdict in more than sixty Texas counties. Duane Graeff, our managing attorney, has practiced for more than twenty-six years in Texas state and federal courts. You can check any Texas lawyer’s license and board certification in the State Bar of Texas directory, and we encourage you to check ours.

• We give a small charge a full review. The report, the video, the witness statements and the law get the same attention as in any other case.
• We look for an outcome that protects your record. That can mean a dismissal, a reduction, a deferred result or a trial, and we explain what each would mean for you.
• We prepare for trial. Some cases cannot be resolved on fair terms, and a lawyer who is ready to try a case negotiates from a stronger position.
• We tell you what is realistic. We cannot promise an outcome in any case, and we will not ask you to choose a path before you understand the risks.

Our Austin office is at 316 W. 12th Street, Suite 400, and we meet with clients there by appointment. You can get directions to our office before your visit. To make the first consultation productive, bring what you have of the following, and do not delay the call if you do not have everything.

• The citation, the arrest paperwork or the notice of your court date.
• Your bond papers, if you were released on bond.
• Any messages, photos, receipts or video that relate to the accusation.
• The names of people who saw what happened.
• A list of any professional licenses you hold and any job that requires a clean record.

Frequently Asked Questions About Misdemeanors in Austin and Travis County

What is the difference between a Class A, Class B and Class C misdemeanor?

The class sets the maximum punishment. A Class C misdemeanor is punished by a fine of up to $500 and no jail. A Class B misdemeanor carries up to 180 days in jail and a fine of up to $2,000, and a Class A misdemeanor carries up to one year in jail and a fine of up to $4,000. The class also decides which court hears the case. Class A and B cases go to the county courts at law, and Class C cases go to the justice of the peace or municipal courts. A prior conviction or the facts of the offense can raise a charge to a higher class.

Can I go to jail for a misdemeanor?

For a Class A or Class B misdemeanor, yes. The maximum is one year for Class A and 180 days for Class B, and some offenses have a mandatory minimum, such as the 72-hour minimum for a first DWI. A Class C offense is fine-only. A judge can sometimes place a person on probation, also called community supervision, in place of jail time. What happens in your case depends on the charge, your history and the facts, and we do not promise a particular result.

What is the difference between deferred disposition and deferred adjudication?

Both are ways to resolve a case without a final conviction, but they apply in different courts. Deferred disposition is used for Class C citations in justice and municipal courts, where the judge pauses the case and dismisses it if you meet the conditions. Deferred adjudication is used in the county courts at law for Class A and B charges, and in felony cases. You plead, the judge defers a finding of guilt and sets a probation term, and a dismissal follows if you finish it. A deferred adjudication stays on your record unless you obtain an order of nondisclosure, and a violation can lead to a conviction and sentencing.

Will a misdemeanor show up on a background check?

A conviction is a public record, and employers, landlords and licensing boards can see it. An arrest can also appear, even when the case was later dismissed, until the record is expunged. A deferred adjudication shows as well, unless a court has granted a nondisclosure order, and even then some government agencies and licensing boards can still see it. If a background check is a worry, tell your attorney the date of your arrest and what it was for, and we can tell you what route, if any, would apply.

Do I need a lawyer for a Class C ticket?

Not every ticket needs one, but a Class C citation is still a criminal charge. Paying the fine is generally treated as a plea, and the result is a conviction on your record. A lawyer can tell you whether the ticket can be contested, whether a deferral is available and whether the charge could affect your license, your job or a later case. A citation for a more serious problem, such as a theft or assault that was written as Class C, can matter more than the fine suggests.

Can a misdemeanor charge be dismissed?

Sometimes. A dismissal can follow when the stop or search was unlawful, when the evidence is too weak to prove each element or when a key witness cannot or will not testify. A prosecutor may also dismiss a charge after you complete a deferral or a program. We cannot promise a dismissal in any case. After reviewing the report and the video, we tell you where the case stands and what we recommend.

Can a misdemeanor be expunged or sealed?

It depends on how the case ended. An expunction under Chapter 55A can remove an arrest from public records when the statute’s conditions are met, which often means the charge was dismissed or you were acquitted, and certain waiting periods apply. A conviction cannot be expunged. A deferred adjudication and some convictions can qualify for an order of nondisclosure under Government Code Chapter 411 after a waiting period, with exceptions for certain offenses. Because these rules depend on the offense and the outcome, we review the file before we say what is available.

How long does a misdemeanor stay on my record?

A conviction stays on your record unless a court orders otherwise, and Texas has no automatic expungement. An arrest that did not lead to a conviction can often be removed through an expunction. Some convictions and deferred adjudications can be sealed from public view through a nondisclosure order after a waiting period, though some agencies and licensing boards can still see them. The waiting period depends on the offense and how the case ended.

What happens at the first court date?

For most misdemeanors, the first date is an arraignment or a first setting, where the judge confirms your identity, explains the charge and asks for a plea. You do not have to resolve the case that day, and you should not feel pressed to. A not guilty plea at this stage is common and keeps your options open while your lawyer gets the evidence. Tell your attorney the date and the court on your notice as soon as you have it, because missing a court date can lead to an arrest warrant and a new charge.

How long does a misdemeanor case take in Travis County?

There is no fixed answer. A simple case can resolve in a few months, while a case with contested evidence, a request for video or a trial setting can take longer. The court’s calendar, the prosecutor’s response to discovery requests and whether a motion to suppress is heard all affect the schedule. Our criminal case timeline shows the stages from arrest to disposition, and we tell you what to expect at each court date.

Do immigration or a professional license change how a misdemeanor should be handled?

They can. A person who is not a U.S. citizen should tell the lawyer before entering any plea, because the wording of a plea and the outcome can carry immigration consequences that a fine or a short sentence does not suggest. Nurses, teachers and many other license holders may have reporting duties or face board review after an arrest or conviction. Tell us about your license and your status at the first meeting, so the strategy accounts for them from the start.

What is the difference between a misdemeanor and a felony?

A misdemeanor is punished by up to one year in the county jail, and a felony by a state jail term of 180 days to two years or by a prison term that can reach 99 years or life. A felony conviction carries more lasting consequences, including a general restriction on the right to possess a firearm. In some cases a charge can be filed as a misdemeanor or a felony depending on the facts, and a prior conviction or an injury can raise it to a felony.

Do I need a lawyer for a misdemeanor, and what does it cost?

A misdemeanor can still bring jail time, a fine and a record that follows you, and decisions made early can change the options. Cost depends on the charge, the work the case requires and whether it goes to trial, and no honest lawyer can promise a total before reviewing the facts. We explain our fees at the free consultation so you can decide with the full picture. If you cannot afford a lawyer, the magistrate must tell you at your first appearance that you can request appointed counsel.

What if my charge came from outside the city of Austin?

The county and the court where the offense occurred decide where the case is heard, and the city limits do not. A charge from an incident in the Austin area could land in Travis County or in a neighboring county, and a ticket may be handled by a municipal court or a justice of the peace court. Call us with the citation or the arrest paperwork, the date of the incident and the court named on your notice, and we will tell you whether we can help and what to do before your court date.

Talk With an Austin Misdemeanor Attorney About Your Case

A misdemeanor charge puts your record, your job and sometimes your freedom at risk, and the first decisions matter. Speak with an Austin criminal defense lawyer at Barton & Associates about the charge, the evidence and what to expect in the Travis County courts.

Call our Austin office at 512-THE-FIRM (843-3476) or complete the online Free Consultation form to schedule a confidential meeting. The office is at 316 W. 12th Street, Suite 400, Austin, Texas 78701, and on-site consultations are by appointment only.

Main Category: Criminal Defense Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)