what kind of lawyer do i need for a class b misdemeanor texas

by Neil Schultz 5 min read

skilled criminal defense lawyer

Full Answer

What is a Class B misdemeanor in Texas?

Class B misdemeanors are a class of criminal offense in Texas. They are midrange misdemeanors. They are not as severe as felony offenses. A conviction for a Class B misdemeanor carries up to 180 days in county jail.

Do I need a criminal defense lawyer for a Class B misdemeanor?

It does not matter whether you have been charged with a Class B misdemeanor, a Class A misdemeanor or a felony offense. If you want to have any chance of being able to successfully fight the charges you face so that you can avoid conviction, you are going to need a skilled criminal defense lawyer aggressively advocating for your rights.

How are misdemeanors classified in Texas?

The Texas Penal Code classifies misdemeanors as Class A, Class B, or Class C according to the relative seriousness of the offense.

Do I need a lawyer in Fort Worth Texas?

If you have been arrested or charged with allegedly committing a criminal offense in Fort Worth or anywhere throughout the state of Texas, you need a lawyer. It does not matter whether you have been charged with a Class B misdemeanor, a Class A misdemeanor or a felony offense.

How do I get rid of a Class B misdemeanor in Texas?

The first step is filing a petition, or request, for expunction or nondisclosure with the district court in the county where you were arrested. You can contact the court clerk for information regarding filing fees. The clerk will then schedule a hearing, and you'll appear before a judge who will decide the case.

Can a Class B misdemeanor be dropped in Texas?

In Texas, a Class C Misdemeanor may be removed from a person's record or “expunged” 180 days after the date of the person's arrest. Class A and Class B misdemeanors may be expunged after one year from the date of the arrest.

How serious is a Class B misdemeanor in Texas?

Class B Misdemeanors A person convicted of a class B misdemeanor faces up to 180 days' jail time and a $2,000 fine. Indecent exposure, criminal mischief, and obstructing a roadway are examples of class B misdemeanors.

Can a Class B misdemeanor be enhanced in Texas?

In some cases, Class B misdemeanors can be enhanced into more severe crime classifications. This can raise the penalties of a conviction. In some cases, the charge can become a felony.

How long do Class B misdemeanors stay on your record in Texas?

Class A and B misdemeanors: 1 year.

Will I go to jail for a class B misdemeanor Texas?

Class B Misdemeanor penalties & punishment A Class B offense can result in your arrest upon accusation with maximum penalties of up to 180 days in jail and a fine of up to $2,000 if convicted.

How long does it take to get a court date for a misdemeanor in Texas?

The current waiting periods are 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for felony charges. Once their particular waiting period has passed, an individual can petition for expunction.

What crimes are Class B misdemeanor in Texas?

Examples of Class B misdemeanors include:Driving While Intoxicated (first offense)Terroristic Threat.Indecent Exposure.Evading arrest on foot.Harassment.Criminal trespass.Possession of marijuana (under 2 ounces)Prostitution.More items...•

Do misdemeanors go away in Texas?

Legally speaking, a misdemeanor is on your record for life. However, in some cases, background checks will only go back a certain number of years. For instance, in Texas, there is a “seven-year rule” in place.

Does Texas have mandatory minimum sentencing?

If you are arrested in Texas, you might be facing a mandatory minimum sentence depending on your crime. Texas courts are required to sentence offenders convicted of felony charges to legally mandated sentences. The minimum jail time depends on the severity of the offense as well as the classification of the felony.

What happens if you are convicted of a misdemeanor in Texas?

1.1. A conviction on a Class A misdemeanor offense will carry a punishment of up to a year in a county jail, and a fine of up to $4,000. Class B Misdemeanor: Charges at the level of a Class B misdemeanor are punishable by up to 180 days in a county jail, and a fine of up to $2,000.

Can you be a police officer with a Class B misdemeanor in Texas?

All Sworn Police Officer applicants shall be disqualified for the following reasons: Convicted of, at any time, any felony offense. Convicted of or on court-ordered community supervision or probation for any criminal offense above the grade of class B misdemeanor.

What are some examples of Class B misdemeanors in Texas?

Some examples of Class B misdemeanors in Texas are: Indecent exposure (Penal Code 21.08), Enticing a child (Penal Code 25.04), and. Theft of between $100 and $750 (Penal Code 31.03).

What is class B misdemeanor?

Class B misdemeanors are a class of crime. As misdemeanors, they are: more severe than an infraction, and. less severe than a felony. Class B misdemeanors are also the middle range of the misdemeanor class. They are: more severe than Class C misdemeanors, and. less severe than Class A misdemeanors.

How long does a Class B misdemeanor go to jail?

A conviction for a Class B misdemeanor carries up to 180 days in county jail. Defendants can also be made to pay a fine of up to $2,000.

Is theft a misdemeanor?

theft of between $100 and $750 becomes a Class A misdemeanor if the victim was a nonprofit ( Penal Code 31.03 (f)), and. assault becomes a Class A misdemeanor if committed in a disaster area (Penal Code 12.50). Most enhanced Class B misdemeanors become Class A misdemeanors.

Can a Class B misdemeanor be enhanced?

In some cases, Class B misdemeanors can be enhanced into more severe crime classifications. This can raise the penalties of a conviction. In some cases, the charge can become a felony. How a Class B misdemeanor gets enhanced depends on the offense.

Is probation a misdemeanor?

Probation is possible for Class B misdemeanor convictions. Probation is a type of criminal sentence. It is also known as community supervision. It is an alternative to jail. Rather than being closely monitored in jail, defendants can be supervised in the community.

Gary Churak

It is possible to resolve the case without you appearing or worst case scenario coming to Texas for one court date. You do not want a POM on your record. I have handled border checkpoint cases in marfa and there are better options than pleading guilty and being convicted.

George White

Larry is working overtime today. He is correct. Do not listen to your friends. They have nothing to lose if they are wrong. Find a lawyer here who is very familiar with this Court to get you the best deal or dismissal. Its cheaper than a trip back to Texas. More

Larry Lex Johnston

It is your absolute right to represent yourself. However, you are responsible for everything that happens with your case. Marijuana is NOT punishable by fine only.

James L. Story

Yes, you always need to be represented by an attorney if you are charged with a crime.

What is the class C in Texas?

Class C being the least serious offense and Class A being the most serious. Criminal defense law in Houston, Texas (281) 853-8537.

What are the penalties for a misdemeanor?

PEN 12.22: An individual adjudged guilty of a Class B misdemeanor shall be punished by: 1 a fine not to exceed $2,000; 2 confinement in jail for a term not to exceed 180 days; or 3 both such fine and confinement.

How long is a Class B misdemeanor in Texas?

Class B Misdemeanor – Texas Law. A Class B misdemeanor is punishable by up to 180 days in county jail and up to a $2,000 fine.

Can you afford a Class B misdemeanor in 2012?

In this very competitive job market of 2012, you can’t afford a criminal record because of a Class B misdemeanor conviction. Peveto Law also provides local jail release (attorney writ bonds), removal of warrants, bond reductions, and probation violation representation for Class B misdemeanors in the DFW area.

What to do if you are charged with a class B misdemeanor?

If you or someone you know has been charged with a class B misdemeanor, it’s imperative that you contact an experienced criminal defense attorney. An attorney can evaluate your charges to discover the best possible legal option for you.

What happens if you commit multiple misdemeanors in Texas?

If you commit multiple misdemeanor offenses, you may be labeled as a repeat and habitual misdemeanor offender. Texas established laws to discourage people from repeatedly committing crimes. Texas law states that if you are on trial for a class A misdemeanor and have been convicted of a class A misdemeanor or any felony, your penalty will be:

How long can you go to jail for a class B misdemeanor?

The penalties associated with a class B misdemeanor are serious. The judge may sentence you to jail for up to 180 days. In addition, you’ll have to struggle with the issues of having a criminal record. This is why it’s important that you contact an experienced criminal defense attorney. A skilled attorney can evaluate your case to uncover the best legal option for you.

Is hate crime a misdemeanor in Texas?

So, if you’re charged with a class B misdemeanor and it’s a hate crime, then your offense will be reclassified to a class A misdemeanor.

Is a misdemeanor a felony?

If you’re charged with a crime, you will either be facing a misdemeanor or a felony. Misdemeanors tend to be less serious in nature than felonies. However, don’t be fooled into thinking a misdemeanor charge isn’t a big deal. If convicted, you could face expensive fines and even jail time.

What is a Class B misdemeanor in Texas?

A Class B misdemeanor is detailed in Texas Penal Code § 12.22 and is a serious crime that can follow you the rest of your life. Convictions of a Class B misdemeanor is punishable by a maximum of 180 days in county jail, and / or a $2,000 fine.

What is the statute of limitations for a Class B misdemeanor in Texas?

Statute of Limitations: A misdemeanor in Texas has a statute of limitations of two years. Repeat offenses: If a person is charged with a Class B misdemeanor, a second offense may be charged as a Class A misdemeanor which is a much more serious charge ...

What is the number to call for bail in San Antonio?

At McRae Bail Bonds, we’re here to help you navigate the complicated scenarios surrounding an arrest on a Class B misdemeanor. Just give us a call at (210) 463-5561 if you need a bail bond in San Antonio.

How long does it take to get your criminal record expunged in Texas?

In Texas, you can ask to have your criminal record expunged after one year if you’ve been arrested, acquitted, or your case has been dismissed. If the person arrested is between 10 and 16 years old, they can be required to enter the juvenile justice system which will not allow the arrest on their record after they are an adult. ...

Can a deferred adjudication be found on a background check?

Deferred adjudication: This is a sentencing alternative that your attorney may be able to get you for some misdemeanor offenses after a period of probation. It does not remove the record from your history and can be found on a background check by an employer or housing application.

What type of attorney should I speak to about a misdemeanor in Texas?

To face your charges with confidence, you should speak with a Texas criminal defense attorney with experience handling misdemeanor cases. A seasoned attorney can immediately set to work to minimize the consequences of your charges.

What are the classes of misdemeanors in Texas?

These classes represent the seriousness of the crime, and, accordingly, carry different ranges of punishments. Let’s take a look at Class A and Class B Texas misdemeanors and the potential penalties they hold.

What is the number to contact a Dallas criminal defense attorney?

Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

How long is a misdemeanor in Texas?

Statutory Punishments for Texas Misdemeanors. Class A Texas misdemeanors are punishable by: Up to one year in a local or county jail, and/or. A fine of up to $4,000. Class B Texas misdemeanors are punishable by: Up to 180 days in a local or county jail, and/or. A fine of up to $2,000.

What is Class C in Texas?

Texas also has Class C misdemeanors, which are punishable by a fine of up to $500 but no jail time. These include lesser offenses such as traffic violations and some types of theft. Because these are less serious, sometimes people make the mistake of not taking them seriously.

Is there a minimum punishment for a first time offender in Texas?

Not Set in Stone. These are the maximum allowable punishments according to Texas law. Note, however, these are not necessarily mandatory or minimum punishments. It is not uncommon for a first-time offender to receive less jail time, a lower fine or one or the other.

Is it normal to feel apprehensive about misdemeanor charges?

Making Informed Decisions. Facing misdemeanor charges can be overwhelming. It’s normal to feel apprehensive about the fines and incarceration the court can impose . These are all very real concerns because the criminal court system is rarely lenient or easy to navigate.

What does a lawyer do as an advocate?

As your advocate, your lawyer is required by law to work for the best outcome and advise you of all possible consequences that could occur, to the best of his or her ability.

How long can you be in jail for a misdemeanor in Pennsylvania?

In Pennsylvania, for example, depending on the type of misdemeanor you are charged with, you could face a maximum period of incarceration of up to five years if convicted. Unless you relish spending time in a prison cell, hiring a criminal lawyer to represent you in court is a good idea.

Which amendment guarantees the right to counsel in criminal cases?

The Constitution guarantees that you have a right to counsel to represent you in a criminal case under the Sixth Amendment. Despite this, in some jurisdictions, you may be able to represent yourself, but only if you have the court’s permission to do so.

Can a non-lawyer be held in contempt of court?

Since, it is doubtful that you, a non-lawyer, could do this, the court could order you to hire counsel, if you do not qualify for a public defender or court appointed attorney, or else be held in contempt of court. Finally, before going to court on your own behalf, you should take to heart the proverb that “he who represents himself has a fool ...

Is it worth hiring a lawyer for a misdemeanor?

If it is worth hiring a lawyer for a misdemeanor will depend on the type of charges you’re facing. An experienced criminal defense attorney is the best person to guide you through the traps and pitfalls of the criminal justice system.

What happens if you get a Class B misdemeanor?

Having a Class B misdemeanor on your record can have a severely negative impact on your life as it can make it difficult to find work or rent a home or apartment. While you might run the risk of spending more time in jail and an increased fine if convicted, the odds of receiving a ruling of not guilty are almost always worth the risk.

How to avoid jail time for a Class B misdemeanor?

The best chance that you have of avoiding jail time for a Class B misdemeanor is to hire a competent attorney with a history of representing defendants facing the same charges that have been filed against you.

What are the penalties for a misdemeanor in Texas?

A class B misdemeanor conviction in Texas brings the following penalties. In addition to up to six months in jail, you could be facing a fine of up to $2,000, along with possible other penalties, depending on the crime with which you have been charged. Some examples of crimes rated as Class B misdemeanors in Texas include: 1 First-offense DWI 2 Prostitution 3 Minor drug possession 4 Harassment 5 Indecent exposure 6 Filing a false police report 7 Failure to pay child support 8 Criminal trespass

How long is a Class B misdemeanor sentence?

It is possible that instead of jail time, you could receive probation for a sentence of two to three years. If you follow all the rules and get through your probation period without any trouble, then you may be able to get ...