A Class A misdemeanor is the most serious level of misdemeanor — more serious than Class B or C, but still below a felony. If you’re convicted, you could face up to a year in the county jail, hefty fines, or probation.
Offenses in this category often include things like certain DUI/DWI cases, petty theft, or simple assault.
Key Takeaways
- A Class A misdemeanor is the most serious misdemeanor in Texas. It is punishable by up to 1 year in jail and a fine of up to $4,000.
- Common examples include DWI, assault, and theft between $750 and $2,500.
- A conviction can plague you long after the case is over. It can make it harder to get a job, rent an apartment, or maintain specific professional licenses.
Definition: Class A Misdemeanor in Texas
Texas Penal Code §12.21 defines a Class A misdemeanor as any offense punishable by:
- Up to one year in county jail,
- A fine of up to $4,000, or
- Both jail time and a fine.
Class A misdemeanors are handled in county courts, not municipal or justice courts. They can result in both criminal penalties and collateral consequences — like losing professional licenses, facing immigration issues, or difficulty finding employment.
Examples of Class A Misdemeanors in Texas
Common Class A misdemeanor charges include:
- DWI (First offense with BAC ≥ 0.15)
- Assault causing bodily injury (Texas Penal Code §22.01)
- Theft of property that's valued between $750 and $2,500
- Unlawful carrying of a weapon
- Marijuana possession between 2 and 4 ounces
- Criminal trespass in a home or shelter
- Evading arrest on foot (without a vehicle)
While these are not felonies, they’re still considered serious crimes, with penalties that include jail time and a permanent criminal record.
Jail Time and Probation Options
Conviction on a Class A misdemeanor charge can lead to up to one year in county jail, but many defendants receive probation (community supervision) instead.
Probation may include:
- Regular check-ins with a probation officer
- Fines, fees, and restitution
- Alcohol or drug education programs
- Community service
- Curfews or ignition interlock requirements (for DWI cases)
Failing to follow probation terms can result in the court revoking probation and ordering you to serve the whole jail sentence.
How a Class A Misdemeanor Compares to Other Offenses
|
Charge level |
Jail time |
Fine |
Example offense |
|
None |
Up to $500 |
Public intoxication |
|
|
Up to 180 days in county jail |
Up to $2,000 |
First-time DWI (BAC < 0.15) |
|
|
Class A misdemeanor |
Up to one year in county jail |
Up to $4,000 |
Assault or a DWI with elevated charges |
|
6 months to 2 years in state jail |
Up to $10,000 |
Theft over $2,500 |
Expunction and Record Sealing
In Texas, Class A misdemeanors remain on your record permanently unless you qualify for an expunction or an order of nondisclosure (record sealing).
You may qualify if:
- Your case was dismissed,
- You were found not guilty, or
- You completed a deferred adjudication program.
An attorney can review whether your case meets the criteria to erase or seal your record.
FAQs
What is considered a Class A misdemeanor in Texas?
A Class A misdemeanor is a serious criminal offense under Texas Penal Code §12.21, punishable by up to one year in county jail, a $4,000 fine, or both. Common examples include DWI, assault, and theft over $750.
Can you go to jail for a Class A misdemeanor in Texas?
Yes. A conviction can result in up to 365 days in county jail, though many defendants receive probation instead. The length of any jail sentence depends on the severity of the offense, criminal history, and plea negotiations.
Can a Class A misdemeanor be expunged in Texas?
Yes, but only in limited situations — such as if your case was dismissed, you were acquitted, or you completed deferred adjudication and qualified for nondisclosure. A criminal defense attorney can confirm eligibility.
Legal Source
Defined under Texas Penal Code §12.21 and verified through Michael & Associates research and data from the Texas Open Data Portal.
