Misdemeanors

Practice Areas

Misdemeanor Defense Attorneys: Protecting Your Rights, Your Freedom, and Your Future

Facing Misdemeanor Charges is Serious Business

A misdemeanor charge might seem less intimidating than a felony, but its consequences can permanently alter your life. A conviction can lead to jail time, substantial fines, a permanent criminal record that shows up on background checks, loss of professional licenses, difficulty finding employment, and damage to your personal reputation. At Barton & Associates, we understand that a misdemeanor is never a “minor” offense when it’s your life on the line. Our experienced criminal defense attorneys provide aggressive, strategic representation to protect your rights, challenge the prosecution’s case, and work toward the best possible resolution.

Many people make the critical mistake of pleading guilty to a misdemeanor without consulting an attorney, believing it will simplify the process. This decision often leads to regrettable long-term consequences. The criminal justice system is complex, and prosecutors are trained to secure convictions. Having a skilled defense lawyer from the outset can mean the difference between a dismissed charge and a life-altering conviction. We are committed to investigating every detail of your case, exploring all available defenses, and fighting tirelessly on your behalf.

Common Misdemeanor Charges We Defend

Our attorneys have extensive experience defending clients against a full spectrum of misdemeanor offenses in Texas, including but not limited to:

  • Driving-Related Offenses: DWI (First Offense), Driving With License Invalid, Reckless Driving, and other traffic violations that can carry unexpected penalties.
  • Theft and Property Crimes: Theft (under $750), Shoplifting, Criminal Mischief, and Trespassing.
  • Drug Offenses: Possession of a Controlled Substance (under certain amounts), Possession of Marijuana, and Possession of Drug Paraphernalia.
  • Assault and Violence: Assault Causing Bodily Injury, Assault Family Violence (first offense), and related charges where the alleged injury is minor.
  • Weapons Charges: Unlawful Carrying of a Weapon and other violations of Texas firearm laws.
  • Public Order Offenses: Disorderly Conduct, Public Intoxication, Resisting Arrest, and Obstructing a Highway.

Each of these charges carries specific elements that the prosecution must prove beyond a reasonable doubt. Our defense strategy begins by meticulously examining whether the state can meet this heavy burden, scrutinizing the legality of the stop, arrest, search, seizure, and all evidence gathered.

The Barton & Associates Defense Strategy: More Than Just Courtroom Advocacy

We believe a robust defense starts long before you set foot in a courtroom. Our comprehensive approach is designed to protect you at every stage of the legal process.

1. Immediate Intervention and Case Assessment

From your first contact with us, we act quickly. We can often intervene during the initial arrest or booking process. Our immediate goals are to secure your release, whether through a personal recognizance bond or by arguing for reasonable bail, and to conduct a preliminary assessment to identify the strengths and weaknesses of the prosecution’s case.

2. Meticulous Investigation and Evidence Review

We leave no stone unturned. Our team will:

  • Obtain and scrutinize all police reports, bodycam/dashcam footage, and witness statements.
  • Identify and interview potential witnesses.
  • Consult with independent experts when necessary, such as forensic toxicologists in DWI cases or accident reconstruction specialists.
  • Challenge the validity and chain of custody of physical evidence.
  • File pre-trial motions to suppress evidence obtained through unlawful searches or seizures or statements taken in violation of your Miranda rights.

3. Strategic Negotiation and Pursuit of Diversion

Not every case needs to go to trial. Often, the most favorable outcome is achieved through skilled negotiation. We have a proven track record of negotiating with prosecutors to:

  • Reduce Charges: Getting a charge reduced from a Class A to a Class B misdemeanor can significantly lower potential penalties.
  • Secure Pre-Trial Diversion: For eligible first-time offenders, we pursue programs that can lead to the dismissal of charges upon successful completion of community service, counseling, or educational courses.
  • Advocate for Deferred Adjudication: This probationary arrangement can allow you to avoid a final conviction if you successfully complete the terms set by the court.

4. Aggressive Trial Advocacy

If a fair settlement cannot be reached, we are fully prepared to defend you at trial. Our attorneys are seasoned litigators who know how to present a compelling case to a judge or jury. We craft clear narratives, cross-examine prosecution witnesses effectively, and present evidence that creates reasonable doubt about your guilt.

Understanding Texas Misdemeanor Classifications and Penalties

The potential consequences of a misdemeanor conviction in Texas vary by class:

  • Class C Misdemeanor: The least severe, punishable by a fine of up to $500 (e.g., minor traffic violations, simple assault without injury).
  • Class B Misdemeanor: Punishable by up to 180 days in county jail and/or a fine of up to $2,000 (e.g., first-time DWI, theft under $100, possession of small amounts of marijuana).
  • Class A Misdemeanor: The most serious misdemeanor category, punishable by up to one year in county jail and/or a fine of up to $4,000 (e.g., assault causing bodily injury, theft between $100-$750, first-offense DWI with a high BAC).

Beyond jail and fines, the collateral consequences are often more damaging: a criminal record that hinders job prospects, housing applications, and educational opportunities; suspension of your driver’s license; and mandatory court costs and fees. Our mission is to mitigate or eliminate these life-altering penalties.

Why Choose Barton & Associates for Your Misdemeanor Defense?

  • Former Prosecutorial Insight: Several of our attorneys have experience as prosecutors. This insider knowledge gives us a strategic advantage in anticipating the opposition’s tactics and building effective counter-arguments.
  • Personalized Attention: You are not just a case file. We take the time to understand your situation, your concerns, and your goals. We ensure you are informed and empowered at every decision point.
  • Local Knowledge and Relationships: Our deep roots in the San Antonio and Bexar County legal community mean we understand the local courts, judges, and prosecutors. These relationships and procedural knowledge are invaluable in navigating your case efficiently.
  • Transparent Communication: We explain the legal process in clear terms, outline your options honestly, and provide realistic assessments of potential outcomes. You will always know where your case stands.
  • Commitment to Your Future: We fight for more than just a “not guilty” verdict; we fight to protect your record, your reputation, and your future opportunities.

Take Action to Protect Your Rights Today

The earlier you involve a defense attorney, the more we can do to help. Time is of the essence—critical evidence can be lost, memories can fade, and procedural deadlines are strict.

Do not speak to investigators or plead guilty without first consulting our firm. You have the right to remain silent and the right to an attorney. Exercise those rights and let us be your first line of defense.

Contact Barton & Associates now for a confidential case evaluation. Complete our online contact form for a prompt response, or call our office directly at 210-500-0000. We will discuss the specifics of your situation, outline your legal options, and begin building your defense strategy immediately. Your future is worth fighting for.

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

Barton & Associates

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San Antonio - Main Office

115 Camaron St, San Antonio, TX 78205

Austin - By Appt Only

316 W 12th St Suite 400, Austin, TX 78701

Corpus Christi - By Appt Only

5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415

Barton & Associates
Barton & Associates

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