Can you go to jail for a misdemeanor in Texas?

Yes. A Class A misdemeanor in Texas can carry up to one year in county jail, while a Class B misdemeanor can carry up to 180 days. Class C misdemeanors are generally punishable by a fine of up to $500 and do not carry jail time as a direct punishment.

Does a misdemeanor stay on your record in Texas?

Yes. A Texas misdemeanor can remain on your criminal record unless the record qualifies for expunction or another form of record relief. Whether you can clear or restrict access to the record depends on the charge, how the case was resolved, your criminal history, and other eligibility requirements.

Can a Texas misdemeanor be dismissed?

Yes. A Texas misdemeanor can be dismissed, but dismissal is not guaranteed. Depending on the case, a prosecutor may dismiss a charge because of insufficient evidence, legal problems with the case, successful completion of an eligible pretrial program, or other circumstances. Some dismissed cases may later qualify for expunction.

Can a misdemeanor be expunged in Texas?

Some Texas misdemeanor arrests and charges can be expunged, including many cases resulting in an acquittal or qualifying dismissal. Eligibility depends on how the case ended and other statutory requirements. A dismissal alone does not automatically mean that the record qualifies for expunction.

Do I have to appear in court for a misdemeanor in Austin?

You may have to appear in court for a misdemeanor in Austin. After someone arrested on a misdemeanor is released on bond, Travis County generally schedules a first appearance. The bond paperwork should state when and where to report. Whether you must personally attend later settings can depend on the court, charge, and circumstances of the case.

Can a misdemeanor become a felony in Texas?

Yes. Conduct that might otherwise be charged as a misdemeanor can sometimes become a felony because of prior convictions or specific circumstances of the alleged offense. The enhancement rules vary by crime, so the same general type of offense may carry very different charges and penalties depending on the facts.

How long does a misdemeanor case take in Travis County?

There is no single timeline for a misdemeanor case in Travis County. The length depends on factors such as the charge, evidence, investigation, court schedule, negotiations, motions, and whether the case goes to trial. Some cases can be resolved relatively quickly, while contested cases or cases headed for trial can take considerably longer.

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

Texas divides misdemeanors into three general classes based on seriousness. A Class A misdemeanor can carry up to one year in jail and a $4,000 fine. A Class B misdemeanor can carry up to 180 days and a $2,000 fine. A Class C misdemeanor is generally punishable by a fine of up to $500 without jail as a direct punishment.

Austin Misdemeanor Lawyer | Michael & Associates

A misdemeanor is a criminal offense that is less serious than a felony under Texas law. Depending on the classification, a misdemeanor can carry up to one year in county jail and thousands of dollars in fines. But the punishment range doesn't tell the whole story, and you shouldn't take any misdemeanor charge lightly.

In addition to fines, possible jail time, and a criminal record, a misdemeanor offense could affect your driver's license, firearm rights, employment, professional license, immigration status, or eligibility for certain opportunities.

Attempting to handle the case yourself can also put you at a disadvantage. Texas criminal law can be complicated, and the same rules of evidence and criminal procedure generally apply whether you have an attorney or represent yourself.

Austin Misdemeanor Lawyer

If you've been charged with a misdemeanor in Austin or elsewhere in Travis County or Williamson County, don’t try to face it alone. Michael & Associates Criminal Defense Attorneys can help you understand the charge, your options, and what comes next.

Every client works directly with an experienced defense attorney, not a junior associate. Our Austin defense team includes Dan Dworin, who has nearly 30 years of criminal defense experience and has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2004. He has defended Central Texans against charges ranging from DWI to murder in state and federal courts.

James Fletcher, managing attorney of our Austin office, has earned the ACS-CHAL Lawyer-Scientist designation, providing additional training and experience when a misdemeanor case involves blood or breath testing, toxicology, laboratory evidence, or other forensic issues.

Our Austin team also includes Dax Garvin, a former law enforcement officer whose firsthand experience with police investigations provides an additional perspective when reviewing traffic stops, arrests, searches, officer reports, and other evidence. Together, this range of experience gives our attorneys multiple perspectives when evaluating the evidence and building a defense tailored to your case.

What is a Misdemeanor?

Texas divides criminal offenses into felonies and misdemeanors. Misdemeanors are less serious than felonies, but some can still result in significant jail time and thousands of dollars in fines.

Most Texas misdemeanors fall into three categories: Class A, Class B, and Class C.

A Class A misdemeanor is the most serious of the three general misdemeanor classifications and can carry up to one year in county jail and a fine of up to $4,000. Class B misdemeanors can carry up to 180 days in county jail and a fine of up to $2,000. Class C misdemeanors are generally punishable by a fine of up to $500 and do not carry jail time as a direct punishment.

However, the classification and possible punishment depend on the particular offense, the circumstances of the case, and whether any enhancement provisions apply.

Common Examples of Texas Misdemeanors

Common misdemeanor allegations include:

Assault causing bodily injury: Under Texas Penal Code § 22.01, intentionally, knowingly, or recklessly causing bodily injury to another person can generally be charged as a Class A misdemeanor, although certain circumstances can increase the offense to a felony.
Assault involving family violence: An assault involving a family or household member or someone in a dating relationship can carry consequences beyond those associated with many other misdemeanor assault cases. A family violence finding can also have significant future consequences.
Criminal mischief: Damaging or destroying another person's property can be charged at different levels depending primarily on the amount of pecuniary loss and, in some circumstances, the type of property or other statutory factors.
Disorderly conduct: Texas Penal Code § 42.01 covers several types of conduct, including certain fighting, threatening, noise, firearm, and offensive-conduct allegations. Many violations are Class C misdemeanors, although some firearm-related conduct can be classified more seriously.
Driving with an invalid license: Driving with an invalid or suspended license can range in seriousness depending on factors such as prior convictions, whether the person lacked insurance, and whether another person suffered serious bodily injury or death.
Failure to identify: Texas Penal Code § 38.02 prohibits intentionally refusing to provide certain identifying information after a lawful arrest. It also prohibits intentionally giving false identifying information after a lawful arrest or detention. The offense level depends on the particular allegation and circumstances.
Failure to stop and give information: Texas law requires drivers involved in certain crashes to stop and provide required information. The offense level can depend on the circumstances and extent of property damage.
Indecent exposure: Under Texas Penal Code § 21.08, indecent exposure generally involves exposing the anus or any part of the genitals with intent to arouse or gratify sexual desire while being reckless about whether another person is present who will be offended or alarmed. It is generally a Class B misdemeanor.
Misdemeanor DWI: A first or second DWI is generally a misdemeanor in Texas, although certain aggravating circumstances can increase the charge or punishment. Texas DWI law prohibits operating a motor vehicle in a public place while intoxicated.
Misdemeanor theft: Theft can be prosecuted as a misdemeanor or felony depending on the value and type of property involved and other circumstances.
Possession of drug paraphernalia: Texas law generally makes knowingly using or possessing with intent to use drug paraphernalia a Class C misdemeanor, although other paraphernalia-related conduct can carry more serious penalties.
Theft by check: Texas Penal Code § 31.06 establishes rules involving certain theft allegations in which property or services were obtained through a check or similar order for which payment was refused.
Theft of service: Texas Penal Code § 31.04 applies to intentionally or knowingly securing services without the provider's effective consent under circumstances specified by the statute. The offense level generally depends on the value of the services and other statutory factors.

Other misdemeanor charges we may handle include:

Burglary of a coin-operated machine
Burglary of a vehicle
DUI by a minor
Evading arrest or detention
Failure to stop and give information
Harassment
Interference with an emergency request for assistance
Minor in consumption of alcohol
Minor in possession of alcohol
Certain drug possession offenses
Possession of a dangerous drug
Certain marijuana possession offenses
Prostitution
Public intoxication
Public lewdness
Resisting arrest
Certain misuse of 911 services
Terroristic threats
Certain weapons offenses
Certain violations of protective orders

Some offenses on this list can also be charged as felonies depending on the facts, criminal history, amount involved, alleged victim, or other enhancement provisions.

What is the Statute of Limitations on a Misdemeanor Charge?

For most Texas Class A, B, and C misdemeanors, the statute of limitations is two years. However, there are exceptions. For example, certain misdemeanor family or dating-violence assault charges have a three-year limitations period. Other rules can also affect how the limitations period is calculated, so the deadline depends on the specific charge and circumstances.

What Happens After a Misdemeanor Arrest in Austin?

After a misdemeanor arrest in Austin, what happens next depends partly on the charge level. Class A and Class B misdemeanor cases in Travis County are usually handled by the county's seven Criminal County Courts at Law: Courts 3, 4, 5, 6, 7, 8, and 9. County Court at Law No. 4 is designated as a Family Violence Court. Class C misdemeanor cases are generally handled by Travis County Justice of the Peace courts.

If you're arrested and taken to jail, you typically will need to appear before a magistrate, who can address matters such as probable cause, bail, and conditions of release. Travis County also operates a Counsel at First Appearance program that allows attorneys to represent qualifying defendants during magistration and make arguments concerning bail and bond conditions.

After you're released on bond, your first setting in the Travis County court system is called a first appearance. Your bond paperwork should tell you when and where to report. Depending on the case, the first appearance may take place in the assigned court or through court administration.

The Travis County Attorney's Office prosecutes misdemeanor cases in Travis County, while Class A and B misdemeanor cases are generally heard in the Criminal County Courts at Law. Class A and B misdemeanor court proceedings primarily take place at the Blackwell-Thurman Criminal Justice Center at 509 W. 11th Street in downtown Austin.

Your case may have multiple court settings while your attorney obtains and reviews evidence, investigates the allegations, discusses the case with prosecutors, files appropriate motions, and evaluates whether the charge can be dismissed or otherwise resolved. If the case cannot be resolved, it can ultimately proceed to trial.

Misdemeanor Penalties in Texas

The consequences of a Texas misdemeanor depend on the offense's classification and the individual case. Possible consequences can include jail, fines, probation or community supervision, community service, counseling or treatment requirements, and other court-ordered conditions.

A Class A misdemeanor is generally punishable by up to one year in county jail, a fine of up to $4,000, or both.
A Class B misdemeanor is generally punishable by up to 180 days in county jail, a fine of up to $2,000, or both.
A Class C misdemeanor is generally punishable by a fine of up to $500. Although Class C misdemeanors generally do not carry jail as a direct punishment, a conviction can still create a criminal record and other consequences.

Potential enhancements: Some misdemeanor charges can be enhanced based on prior convictions or circumstances surrounding the alleged offense. In some cases, conduct that would otherwise be a misdemeanor can be prosecuted as a felony.

Misdemeanor Case Outcomes in Travis County

Case 1: Assault family violence

Charge: Misdemeanor assault family violence
Outcome: Dismissed
Time to resolution: Approximately eight months

The client was accused of assaulting a spouse and was required to wear an ankle monitor as a bond condition. The defense obtained a written statement and Affidavit of Non-Prosecution from the complaining witness, who accepted responsibility for the incident. The defense also successfully sought removal of the ankle monitor and worked with prosecutors to pursue dismissal.

Result: The charge was dismissed.

Case 2: Assault family violence

Charge: Misdemeanor assault family violence
Outcome: Dismissed
Time to resolution: Approximately 10 months
The client provided photographs documenting injuries following the incident. The complaining witness cooperated with the defense and signed a notarized Affidavit of Non-Prosecution. After multiple court settings and delays involving discovery, the defense continued pressing prosecutors for dismissal.

Result: The charge was dismissed.

Case 3: Misdemeanor theft

Charge: Misdemeanor theft, with multiple related theft cases
Outcome: Dismissed
Time to resolution: Approximately 25 months

The client faced multiple theft cases involving similar allegations and lived outside Texas while the cases were pending. The defense handled much of the case remotely and evaluated the common fact pattern across the related allegations. After an extended prosecution involving multiple court settings, the theft matters were dismissed.

Result: The theft charges were dismissed.

Note: Past results don't guarantee future outcomes.

Misdemeanor Defense Lawyer Serving Austin, Texas

Don't treat a misdemeanor charge as insignificant just because it isn't a felony. What happens in a misdemeanor case can follow you long after you leave the courthouse. You can be left facing long-term expenses, failed background checks, career licensing implications, and sometimes, potential immigration issues.

At Michael & Associates Criminal Defense Attorneys, our goal is to identify every reasonable opportunity to protect you from those consequences. That starts with understanding exactly what happened.

Your attorney can review police reports, body-camera footage, witness statements, photographs, laboratory results, search warrants, and other evidence relevant to the allegations. We can examine whether police followed the law, whether prosecutors can prove each element of the offense, and whether evidence can be challenged or excluded.

We also prepare cases with trial in mind. If the case cannot be resolved on acceptable terms, our attorneys are prepared to take the case to trial.

Michael & Associates represents people facing misdemeanor charges in Austin, Travis County, Williamson County, and surrounding Central Texas communities, including Lakeway, Rollingwood, West Lake Hills, Sunset Valley, Round Rock, and Pflugerville.

If you've been arrested, cited, or charged with assault, DWI, theft, a drug offense, resisting arrest, or another misdemeanor, contact Michael & Associates Criminal Defense Attorneys for a free case review. The sooner an attorney can examine the allegations and preserve potentially important evidence, the more options you may have for building your defense.