Misdemeanor Lawyer in San Antonio: Class A, B & C Charges in Bexar County

A misdemeanor charge in San Antonio is easy to underestimate. The offense may be called minor, the ticket may look like a traffic matter and the first court date may be weeks away, but a Class A or Class B misdemeanor carries possible jail time, and any conviction can follow you through background checks, professional licensing, immigration review and firearm restrictions. Most of the choices that decide the outcome are made early, before anyone has set a trial date.

Barton & Associates defends misdemeanor cases throughout Bexar County, from fine-only citations in municipal court to Class A charges in the county courts at law. Our attorneys read the reports and the video, test whether the State can prove each element and look for the outcome that protects your record and your job. If your charge is a felony or something outside this page, our main San Antonio criminal defense attorney page lists the other charges we defend. If you are charged with a misdemeanor, the sections below explain what the classes mean, how these cases move through Bexar County and what we look at first.

What Is at Stake in a San Antonio Misdemeanor Case

The statutory punishment is only part of the picture. Even when a judge would never impose the maximum, the consequences of a conviction reach well past the courtroom.

• Jail and fines. A Class A offense carries up to a year in county jail, and a Class B offense carries up to 180 days. Both can also carry fines and court costs.
• A permanent record. Texas has no automatic expiration for a misdemeanor conviction, so it can appear on background checks for employment, housing and school until it is sealed or erased by court order, which is possible only in limited situations.
• Professional licenses and careers. Nurses, teachers, real estate agents, security officers, commercial drivers and many others must report arrests or convictions to their licensing agency, and some convictions trigger a review.
• Immigration. Some misdemeanors, including certain theft, assault and drug offenses, can affect a visa, a green card or a naturalization application, and the analysis depends on the exact statute and sentence.
• Firearm rights. A conviction for a misdemeanor involving family violence can bar you from possessing a firearm under both federal and state law.

Because the consequences vary so much from person to person, we begin every misdemeanor case by asking what you stand to lose, not only what the charge says. A plea that looks reasonable on paper can still end a career or an immigration case.

Texas Misdemeanor Classes and Penalties

Texas sorts misdemeanors into three classes under Chapter 12 of the Penal Code. The class is set by the statute for the offense and, for many property crimes, by the value involved.

• Class A: up to one year in county jail, a fine of up to $4,000, or both.
• Class B: up to 180 days in county jail, a fine of up to $2,000, or both.
• Class C: a fine of up to $500, with no jail time.

A prior conviction can raise the floor. Under Penal Code Section 12.43, a Class A misdemeanor committed by someone with a prior Class A conviction or any prior felony conviction carries at least 90 days in jail, and a Class B misdemeanor committed by someone with a prior Class A or Class B conviction or any prior felony carries at least 30 days. Specific statutes, such as the ones for theft and driving while intoxicated, have their own repeat-offender rules.

A charge that begins as a misdemeanor can also move into felony territory. Theft of property worth $2,500 or more is a state jail felony, as is theft of any value from a person or a theft by someone with two prior theft convictions. Assault that causes injury becomes a third-degree felony when the defendant has a qualifying prior family-violence conviction or when strangulation is alleged in a household setting. Firing a gun at a building or a person is deadly conduct at the felony level. Our page on felony versus misdemeanor in Texas explains the difference, and our Texas Penal Code guide shows how offense classes and punishment ranges fit together. If the State has charged or is considering a felony, you want a San Antonio felony attorney involved before anything is filed.

Common Misdemeanor Charges We Defend in San Antonio

These are the misdemeanor charges we see most often in Bexar County. Each has its own elements, its own defenses and its own risks, and each has a page that goes further.

• Assault and domestic violence: causing bodily injury is a Class A misdemeanor, while threatening someone or making offensive contact is a Class C misdemeanor. A family-violence finding adds consequences that reach firearms, custody and future charges.
• Theft charges: the value of the property sets the class, from Class C under $100 up to Class A at $750 to under $2,500, and a prior theft conviction can raise it.
• Criminal mischief: damaging or marking another person’s property without consent is graded by the dollar loss, from Class C under $100 to Class A at $750 to under $2,500.
• Criminal trespassing: entering or staying on property after notice that entry is forbidden is a Class B misdemeanor by default and a Class A misdemeanor in a habitation, with a deadly weapon or at certain protected sites.
• Terroristic threat: a threat made to put someone in fear of imminent injury is a Class B misdemeanor, raised to Class A when the person threatened is a family or household member or a public servant.
• Harassment charges: repeated calls, messages, posts or tracking meant to harass or alarm is generally a Class B misdemeanor and a Class A misdemeanor with a prior conviction.
• Deadly conduct: recklessly placing another person in imminent danger of serious bodily injury is a Class A misdemeanor, and pointing a firearm at someone creates a legal presumption of recklessness.
• Resisting arrest: the statute requires force against the officer or another person, and the offense is a Class A misdemeanor unless a deadly weapon is used.
• Reckless driving: driving in willful or wanton disregard for the safety of persons or property is a misdemeanor punishable by up to 30 days in jail and a fine of up to $200.
• Street racing: racing or taking part in a speed contest on a public road is a Class B misdemeanor, a Class A misdemeanor with a prior conviction or an open container, and a felony if someone is hurt.
• Failure to stop and give information: leaving a crash that caused only vehicle damage is a Class C misdemeanor under $200 in damage and a Class B misdemeanor at $200 or more, and leaving a crash with injuries is far more serious.

Some of the charges people think of as misdemeanors have their own practice pages because their consequences are different. A first DWI is a Class B misdemeanor, but the license suspension and the penalties for repeat offenses call for a dedicated DWI attorney in San Antonio. Marijuana possession in lower amounts and drug paraphernalia are misdemeanors that a San Antonio drug crimes lawyer handles. And assault involving a spouse, partner or household member is prosecuted separately from other assaults in Bexar County, which is why it has its own page for a domestic violence lawyer in San Antonio.

How a Misdemeanor Case Moves Through Bexar County

Where your case is heard depends on how it is classified. Fine-only Class C offenses, such as most traffic tickets and theft under $100, are heard in the San Antonio Municipal Court when the city files them, or in a Bexar County justice of the peace court for criminal traffic cases. Class A and Class B misdemeanors are heard in the Bexar County courts at law, where prosecutors from the District Attorney’s Misdemeanor Trial Division handle most cases. That division does not prosecute family-violence assaults.

1. Citation or arrest. For some lower-level offenses, including certain marijuana possession, theft, criminal mischief and driving with an invalid license cases, an officer may issue a citation under Article 14.06 of the Code of Criminal Procedure instead of making an arrest. Otherwise you are booked and taken before a magistrate within 48 hours.
2. Bond and conditions. A magistrate sets bond. You may be released on a personal bond or a surety bond, and conditions can include no-contact orders or alcohol testing, depending on the charge.
3. Filing and first setting. The District Attorney’s Office reviews the case and files formal charges. The first court setting is an opportunity to review the file, request evidence and discuss the case, not a trial.
4. Discovery and investigation. The defense obtains the offense report, body camera and dash camera video, witness statements and any recorded calls, and interviews witnesses.
5. Pretrial negotiations and motions. This is where many cases are resolved, through a dismissal, a reduced charge, a diversion agreement or a motion that limits the State’s evidence.
6. Trial or plea. If the case is not resolved, it is set for a bench trial or a jury trial in the county court at law.

People often arrive with practical questions about the first appearance, bonds and whether a bondsman or a lawyer should come first. We answered those in the articles listed under More About Misdemeanors below, and they are worth reading if you were arrested or cited in the last few days.

How We Defend a Misdemeanor Charge

A misdemeanor is no less a trial matter than a felony. The State still has to prove every element beyond a reasonable doubt, and many misdemeanor cases rest on a single officer’s report or a single witness. We start with the evidence that cannot be changed later and then look for the weak points in the State’s proof.

• The stop, detention or arrest. If the police lacked a lawful basis to stop, search or arrest you, evidence they gathered afterward can be challenged under Article 38.23 of the Code of Criminal Procedure.
• The elements. Many misdemeanors turn on proof of a mental state, such as intent to harass or knowledge that entry was forbidden. A weak case on intent is often a weak case overall.
• The value or the injury. In theft and criminal mischief cases, the State must prove the value or the loss, which sets the class of the offense. In assault cases, it must prove bodily injury or a qualifying threat.
• The witnesses and the video. Body camera footage, surveillance video and phone records often show something different from the report.
• Defenses specific to the offense. These include self-defense, defense of property, consent, lack of notice in a trespass case and mistaken identity.

Once we have a clear view of the evidence, we can say what the realistic outcomes are. Depending on the facts, the goal may be a dismissal, a reduction to a lesser or fine-only offense, an agreement that avoids a conviction or a trial. Our article on whether misdemeanor charges get dismissed explains how that happens, and our piece on whether to take a misdemeanor to trial covers the decision that comes after.

Pretrial Diversion, Deferrals and Other Ways to Avoid a Conviction

The best outcome in many misdemeanor cases is not an acquittal but a result that never becomes a conviction. Bexar County has several routes.

• Pretrial diversion. The Bexar County District Attorney’s Office offers a pretrial diversion program for some first-time, nonviolent misdemeanor cases. A participant typically pays a fee, completes classes and community service and follows conditions, and a successful completion ends in dismissal. The DA decides who is admitted, and DWI is excluded from the standard misdemeanor program.
• Cite-and-release diversion. For a short list of lower-level offenses, the District Attorney’s Office can admit a person who was cited instead of arrested into a diversion program, which avoids an arrest and a bond for those who complete it.
• Deferred adjudication or deferral of a Class C case. In some cases a judge can place a defendant on a form of supervision that ends in dismissal if all conditions are completed. These options are discretionary, they depend on the offense and your history, and they come with conditions that must be met.
• A negotiated reduction. A prosecutor may agree to reduce the charge to a lower class or a different offense that carries fewer consequences, especially when the value is in dispute or the evidence of intent is thin.

Eligibility rules change and are applied case by case. We review the current requirements for your charge before advising you to accept or decline any offer.

Protecting Your Record, Your License and Your Future

If you are convicted of a misdemeanor, there is no automatic expiration. If the case ends in a dismissal or an acquittal, an expunction may be available, and some convictions and deferred adjudications can be sealed with an order of nondisclosure after a waiting period. Our guides on Texas expunction and the nondisclosure guide explain how the two differ, and our article on expunging a criminal record in Texas walks through the process. When you are ready to clear your record, an expungement lawyer in San Antonio can check your eligibility. Eligibility is strict, so the way your case ends matters a great deal.

If you hold a professional license, you may have a duty to report an arrest or a conviction, and the deadline can start before your case ends. Our article on being arrested with a professional license explains how to approach the licensing board. If you are not a U.S. citizen, tell your lawyer before you discuss any plea, because the immigration effect of a misdemeanor conviction can be much harsher than the criminal sentence.

More About Misdemeanors in San Antonio

These articles cover specific questions in more depth. Each one is written for San Antonio and Bexar County.

• Bexar County’s pretrial diversion program: who qualifies and what the program requires.
• First court date in Bexar County: what happens and how to prepare.
• Bail bondsman or defense attorney first: which call to make after an arrest.
• How misdemeanor bail and bond work: types of bond and typical conditions.
• Class C misdemeanors in municipal court: what to expect from a fine-only citation.
• Cite-and-release in San Antonio: whether you still need a lawyer.

Why San Antonio Clients Choose Barton & Associates for Misdemeanor Defense

People searching for a misdemeanor attorney in San Antonio are usually weighing a plea offer or a court date and want someone who treats the case as seriously as they do. Our criminal defense trial attorneys prepare every case as one that may be tried, and that preparation is what produces better offers. Our founder, Gary J. Barton, is a former Capital Murder prosecutor who is Board Certified in Criminal Law, and he practices alongside a team of trial attorneys who defend misdemeanor and felony cases in Bexar County.

We do not promise outcomes, because no honest lawyer can. We review the evidence, explain your exposure and your options in plain terms, and tell you what we think you should do and why. The first consultation is free.

If you can, bring or send the following when you call:

• The citation, complaint or arrest paperwork, and any bond documents
• The date, time and location of your next court setting
• Any messages, photos, receipts or video related to the incident
• The names and contact information of any witnesses
• Your prior arrest or conviction history, if you have one
• Any professional license, security clearance or immigration documents that may be affected

Frequently Asked Questions About Misdemeanors in San Antonio and Bexar County

Is a misdemeanor a serious charge in Texas?

It can be. Class A and Class B misdemeanors carry possible jail time, and a conviction of any class can appear on background checks and affect employment, housing, licensing and immigration. A misdemeanor is less serious than a felony in the range of punishment, but its consequences are real enough that it deserves a real defense.

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

The class sets the maximum punishment. Class A carries up to one year in jail and a fine of up to $4,000, Class B carries up to 180 days and a fine of up to $2,000, and Class C carries a fine of up to $500 and no jail. The class depends on the statute for the offense and often on the value of the property or the circumstances, so the same conduct can be charged at different levels.

Do I need a lawyer for a Class C ticket?

Not always, but sometimes you should have one. A Class C conviction is a criminal conviction and can appear on your record, and some Class C charges, such as an assault by threat or offensive contact, carry consequences beyond the fine. A lawyer can often arrange a dismissal, a deferral or a resolution that keeps the offense off your record, and can appear for you so you do not have to miss work.

Which court will hear my misdemeanor case in Bexar County?

Class A and Class B misdemeanors are filed in the Bexar County courts at law. Fine-only Class C offenses are heard in the San Antonio Municipal Court, or in a Bexar County justice of the peace court for criminal traffic cases. The court and the prosecutor assigned to your case affect how it is handled, and we will tell you who they are once the case is filed.

Will I go to jail for a first-time misdemeanor?

Jail is possible for Class A and Class B offenses, but many first-time cases resolve without it. Outcomes can include a dismissal, a diversion program, a fine, probation or deferred adjudication. What happens in your case depends on the offense, the evidence, your history and the plea or verdict, and no lawyer can promise a particular result in advance.

Can a misdemeanor charge be reduced or dismissed in Bexar County?

Yes, both happen. Dismissals usually follow problems with the State’s proof, such as a weak identification, missing evidence, a witness who will not cooperate or an unlawful stop. Reductions happen when the value or the injury is disputed or when a lesser offense is a fair resolution. Each case turns on its own evidence, and a defense lawyer will tell you what is realistic once the file has been reviewed.

What is pretrial diversion and who qualifies?

Pretrial diversion is a program run by the District Attorney’s Office that lets some defendants earn a dismissal by completing conditions such as classes, community service and a program fee. It is generally aimed at first-time, nonviolent cases and is not available for every charge. DWI is excluded from the standard misdemeanor program, and the prosecutor decides who is admitted.

What happens if I miss a misdemeanor court date?

The court can issue a warrant for your arrest and, if you posted a bond, can forfeit it. Missing court can also lead to a separate charge and makes the original case harder to resolve favorably. If you missed a date or know you will, call a lawyer right away, because a warrant can often be addressed without an arrest if it is handled promptly.

Will a misdemeanor show up on a background check, and for how long?

A conviction will generally show up for as long as it remains on your record, and Texas does not erase a misdemeanor automatically with the passage of time. A dismissal or an acquittal may still appear in arrest records until it is expunged. Whether an expunction or an order of nondisclosure is available depends on how your case ended.

Can a misdemeanor be expunged or sealed?

Sometimes. An expunction removes the records of an arrest when the case ended in a way that qualifies, such as an acquittal or certain dismissals. An order of nondisclosure seals the record from most public view for certain offenses and outcomes after a waiting period, but it does not erase the record from law enforcement agencies. Not every misdemeanor qualifies, and family-violence offenses are treated more strictly.

How does a misdemeanor affect a professional license?

It depends on your profession and the board that licenses you. Many boards require licensees to report arrests, charges or convictions, and some start an investigation based on the report alone. The deadline for reporting can start at the arrest, so tell your lawyer about your license at the first consultation.

Can a misdemeanor arrest or conviction affect my immigration status?

Yes, it can. Some misdemeanors, including certain theft, assault and drug offenses, can lead to a loss of status, a denial of an application or removal, and a plea that seems light on paper can have a heavy immigration result. If you are not a U.S. citizen, tell your lawyer before any plea, and expect your lawyer to review the exact statute of conviction and the sentence with immigration counsel.

Can the amount of the loss change a theft or criminal mischief charge?

Yes. For both offenses the class depends on the value of the property or the amount of the loss, so a disputed value can mean the difference between a Class C, Class B or Class A charge, or between a misdemeanor and a state jail felony. The State must prove the value, and challenging how it was calculated is a common and effective defense.

How do I choose a misdemeanor lawyer in San Antonio?

Look for a lawyer who handles misdemeanor cases regularly in the Bexar County courts, who will tell you plainly how the charge could affect your record and your work, and who is prepared to try the case if the offer is not fair. Ask who will appear in court with you. Be cautious about any lawyer who promises a particular result before reading the report and watching the video.

Talk With a San Antonio Misdemeanor Lawyer About Your Case

The earlier we are involved in a misdemeanor case, the more options you have, and some of them close once a plea is entered. Call 210-500-0000 to schedule a free consultation, or contact our office and tell us what happened. You can also reach a criminal defense attorney in San Antonio at our main office, 115 Camaron Street, San Antonio, Texas 78205.

Main Category: Criminal Defense
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000