Navigating Misdemeanor Charges in San Antonio: Your Guide to Defense and Resolution

Facing a misdemeanor charge in San Antonio can feel overwhelming. Even though these offenses are considered less serious than felonies, the consequences can disrupt your life, employment, and future opportunities. At Barton & Associates, Attorneys at Law, our dedicated San Antonio criminal defense attorneys understand that a misdemeanor is anything but minor to you. This comprehensive guide will explain the Texas misdemeanor system, potential consequences, and how strategic legal defense can protect your rights and your future.

Understanding Misdemeanors in Texas: A Three-Tiered System

Texas law classifies misdemeanors into three distinct categories: A, B, and C. The classification determines the severity of potential penalties.

Class C Misdemeanors

These are the least severe offenses, punishable by a fine of up to $500. No jail time is associated with a Class C conviction. Common examples include:

• Most traffic violations (speeding, running a stop sign)
• Public intoxication
• Minor in possession of alcohol (first offense)
• Theft of property valued under $100

While seemingly minor, these charges can add points to your driver’s license, increase insurance rates, and create a public record.

Class B Misdemeanors

Class B charges carry more weight, with potential penalties of up to 180 days in county jail and/or a fine of up to $2,000. Examples include:

• First-offense DWI (with a blood alcohol concentration below 0.15)
• Possession of marijuana (2-4 ounces)
• Simple assault (that does not cause serious bodily injury)
• Theft of property valued between $100 and $750
• Criminal trespass

A conviction can result in jail time, significant fines, and a permanent criminal record.

Class A Misdemeanors

This is the most serious misdemeanor category. Penalties can include up to one year in county jail and/or a fine of up to $4,000. Examples are:

• Assault with bodily injury or domestic violence
• DWI with a BAC of 0.15 or higher
• Theft of property valued between $750 and $2,500
• Burglary of a vehicle
• Possession of a controlled substance (Penalty Group 2-A, under 2 ounces)

The Hidden Costs of a Misdemeanor Conviction in Bexar County

Beyond fines and possible jail time, a misdemeanor conviction on your record can have long-lasting “collateral consequences” that affect your daily life for years.

• Employment: Many employers conduct background checks. A misdemeanor can disqualify you from jobs in healthcare, education, finance, and government, or with any employer seeking a “clean” record.
• Professional Licenses: Licenses for nursing, real estate, law, cosmetology, and many trades can be denied, suspended, or revoked.
• Housing: Landlords routinely reject applicants with criminal histories.
• Education: It can impact financial aid eligibility and admissions to universities and trade schools.
• Immigration Status: For non-citizens, even a minor misdemeanor can trigger deportation proceedings or affect visa/green card eligibility.
• Firearm Rights: Certain misdemeanor convictions, like domestic violence, result in a permanent loss of the right to own or possess a firearm.
• Driver’s License Suspension: Convictions for DWI, drug possession, or excessive moving violations can lead to license suspension.

How a San Antonio Misdemeanor Defense Attorney Can Help

The goal of the prosecution is to secure a conviction. The goal of Barton & Associates is to secure the best possible outcome for you. From the moment you contact us, we begin building a strategic defense.

1. Immediate Case Evaluation & Investigation

We start by listening to your account of the events. We then conduct an independent investigation, which may include:

• Reviewing police reports and body/dash cam footage for procedural errors or rights violations.
• Interviewing witnesses.
• Examining physical evidence and forensic reports.
• Challenging the legality of any traffic stop, search, or seizure.

2. Exploring All Avenues for Case Resolution

Not every case goes to trial. We aggressively pursue alternatives that can minimize or eliminate penalties.

• Pretrial Diversion/Deferred Adjudication: For eligible first-time offenders, we may negotiate an agreement where the charges are dismissed upon successful completion of conditions like community service, classes, or probation. This avoids a final conviction on your record.
• Reduction of Charges: We may negotiate to have a Class A misdemeanor reduced to a Class B, or a Class B to a Class C, significantly lowering potential penalties.
• Motion to Suppress Evidence: If evidence was obtained illegally (through an unlawful stop or search), we file a motion to have it thrown out. Without key evidence, the prosecution’s case often collapses.
• Trial Advocacy: If a fair plea agreement cannot be reached or your innocence must be asserted, our attorneys are seasoned trial lawyers prepared to defend you before a Bexar County judge or jury.

Common Misdemeanor Charges We Defend in San Antonio

Our firm has extensive experience defending clients against the full spectrum of misdemeanor offenses in Texas courts.

• Driving While Intoxicated (DWI): We challenge breathalyzer and field sobriety test accuracy, officer training, and stop legality.
• Assault & Domestic Violence: These emotionally charged cases require careful handling. We examine self-defense claims, witness credibility, and work to protect family relationships where possible.
• Theft & Shoplifting: We negotiate with retailers and prosecutors to seek outcomes that focus on restitution and avoid jail time, especially for first-time offenders.
• Drug Possession: We scrutinize search warrants, chain of custody of evidence, and explore diversion programs focused on treatment rather than punishment.
• Weapons Charges: We advise on complexities of Texas gun laws and defend against unlawful carrying allegations.
• Probation Violations: If you face allegations of violating probation terms, we advocate before the court to prevent your probation from being revoked and you being sent to jail.

The Barton & Associates Advantage: Why Choose Our San Antonio Firm

When your record and freedom are on the line, the attorney you choose matters. Here’s what sets our practice apart:

• Local Bexar County Expertise: Our attorneys have decades of combined experience in San Antonio courts. We know the local prosecutors, judges, and court procedures, which allows us to navigate the system effectively.
• Former Prosecutorial Insight: Having attorneys with experience on the prosecution side gives us invaluable perspective on how the other side builds a case, allowing us to anticipate strategies and identify weaknesses.
• Client-Centered Approach: You are not just a case file. We provide clear, honest communication, explain your options in plain English, and empower you to make informed decisions about your defense.
• Aggressive & Strategic Advocacy: We are negotiators and litigators. We fight for dismissals, reductions, and favorable deals, but we are fully prepared to take your case to trial if necessary to protect your rights.

Frequently Asked Questions About Misdemeanors in Texas

Q: Can a misdemeanor be removed from my record?
A: In some cases, yes. Through an expunction, the record is completely erased. For convictions where expunction isn’t possible, you may seek an order of nondisclosure, which seals the record from most public view. Eligibility depends on the offense, disposition, and waiting periods. We can analyze your specific situation.

Q: Should I just plead guilty to get it over with?
A: Never plead guilty without first consulting an attorney. A guilty plea is a conviction with all the accompanying consequences. An attorney may identify defenses or options that could lead to a dismissal or a better outcome.

Q: How much does a misdemeanor defense lawyer cost?
A: At Barton & Associates, we typically charge a reasonable flat fee for misdemeanor representation, which we discuss upfront. This provides transparency and allows you to focus on your defense without worrying about mounting hourly bills.

Q: What should I do if I’m arrested for a misdemeanor?
A: Remain calm and polite, but invoke your right to remain silent and your right to an attorney. Do not discuss the details of your case with anyone but your lawyer. Contact a criminal defense attorney as soon as possible.

Protecting Your Future Starts with a Single Step

A misdemeanor charge is a serious matter, but it does not have to define your future. With proactive and skilled legal defense, you can often avoid the most severe penalties and protect your record.

If you or a loved one is facing a misdemeanor charge in San Antonio, Austin or Corpus Christi, Texas, contact Barton & Associates, Attorneys at Law today at 210-500-0000 for a confidential case evaluation. Let our experience be your guide through this challenging time.