Misdemeanors Defense Lawyer in Bryan, TX

Brazos County Misdemeanors Defense Attorney

Misdemeanors are criminal offenses that are less severe than felonies. In Texas, misdemeanors are divided into three categories: A, B, and C. The category of misdemeanor that an offense is charged as is based on the seriousness of the offense and the potential punishment. A misdemeanor can be charged as a felony if it involves the use of a deadly weapon or if the defendant has prior convictions for the same or similar offense.

At The Law Office of Jay Granberry, our Bryan misdemeanor defense lawyer handles a wide range of misdemeanor cases. We are dedicated to providing our clients with exceptional legal representation and we work relentlessly to achieve the best results possible in their cases. Our Bryan misdemeanor attorney has a proven track record of success and we can help you too.

Contact us today at (979) 353-6632 for a free consultation and trusted legal defense!

What Are the Penalties for a Misdemeanor in Texas?

The penalties for a misdemeanor in Texas depend on the category of the offense and the specific charge. Generally, misdemeanors are punishable by a fine of up to $4,000, confinement in jail for up to 180 days, or both. More serious misdemeanors, such as assault or the third or subsequent offense of driving while intoxicated, can result in jail time of up to two years and fines of up to $10,000.

What Are the Most Common Types of Misdemeanors?

Our Bryan misdemeanor defense lawyer handles a wide range of misdemeanor cases, including the following:

• Traffic offenses, such as driving while intoxicated, speeding, or reckless driving
• Drug offenses, such as possession or distribution of a controlled substance
• Property offenses, such as theft, burglary, or criminal mischief
• Offenses against a person, such as assault, domestic violence, or harassment
• Offenses against a civil right, such as interfering with the ability of a person to vote or taking a firearm into an airport

How Does Texas Classify Misdemeanors?

Misdemeanors in Texas are classified as either A, B, or C misdemeanors. The category of misdemeanor an offense is charged as is based on the seriousness of the offense and the potential punishment. A misdemeanor can be charged as a felony if it involves the use of a deadly weapon or if the defendant has prior convictions for the same or similar offense.

How Are Misdemeanors Classified as A, B, or C?

A misdemeanor is classified as an A misdemeanor if it carries a potential punishment of confinement in jail for up to one year and a fine of up to $4,000. A B misdemeanor carries a punishment of confinement in jail for up to 180 days and a fine of up to $2,000. A C misdemeanor is punishable by confinement in jail for up to 180 days and a fine of up to $500.

What Are the Penalties for a Third Offense DWI in Texas?

In Texas, a third offense DWI is a Class A misdemeanor, punishable by confinement in jail for up to one year and a fine of up to $4,000. A third DWI conviction within 10 years of a prior DWI conviction is a third degree felony, punishable by two to 10 years in prison and a fine of up to $10,000.

Defenses to Misdemeanor Charges in Texas

When facing a misdemeanor charge in Texas, there are several common defenses that a skilled defense attorney might use to help you avoid conviction. These defenses include:

• Self-Defense: If you were acting to protect yourself or others from harm, this could be a valid defense to charges like assault.
• Lack of Intent: For some crimes, a defendant must have had specific intent to commit the offense. If you didn't intend to commit the crime, it may be possible to have the charges reduced or dismissed.
• Mistaken Identity: If you were wrongfully identified as the perpetrator, this defense could be used to challenge the charges.
• False Accusations: Sometimes people make false claims, either intentionally or because of a misunderstanding. If this is the case, a defense lawyer can work to prove your innocence.
• Unlawful Search and Seizure: If evidence against you was obtained through an illegal search or seizure, it may be inadmissible in court.

It’s important to consult with an experienced defense attorney who can help explore all potential defenses available to your specific case.

Misdemeanor vs Felony: Key Differences

Misdemeanors and felonies are both criminal charges, but they differ significantly in terms of penalties and long-term consequences. Here’s a comparison:

Misdemeanors:

• Jail time of up to one year.
• Fines can range up to $4,000 (depending on the category).
• Generally, misdemeanors have a lesser long-term impact on your criminal record.

Felonies:

• Prison sentences ranging from one year to life, or even the death penalty in extreme cases.
• Higher fines, often exceeding $10,000.
• Felony convictions can have a much greater impact on your life, including loss of voting rights and difficulty finding employment.

Escalating to Felonies: Certain misdemeanors can escalate to felonies if:

• The crime involved a deadly weapon.
• You have multiple prior convictions for similar offenses.

The Role of a Misdemeanor Defense Attorney

Having a skilled defense attorney is crucial when facing misdemeanor charges. A defense lawyer plays several key roles:

• Negotiating Plea Deals: A lawyer may be able to negotiate with prosecutors to reduce the charges or obtain a lighter sentence.
• Reducing Charges: In some cases, a misdemeanor charge can be reduced to a lesser offense, minimizing the penalties.
• Post-Conviction Relief: If convicted, an attorney can help you pursue options like expungement or appeal to minimize the impact of a criminal record.

Working with an experienced attorney ensures that you explore every possible defense and have the best chance for a favorable outcome.

What Are the Penalties for a Third Offense Assault in Texas?

Assault is a Class A misdemeanor in Texas, punishable by confinement in jail for up to one year and a fine of up to $4,000. A third offense assault within 10 years of a prior conviction for the same or similar offense is a third degree felony, punishable by two to 10 years in prison and a fine of up to $10,000.

FAQ - Frequently Answer and Question

• Can I Be Expunged from a Misdemeanor Conviction in Texas?
  In Texas, certain misdemeanor convictions may be eligible for expungement or sealing under specific circumstances. If you were acquitted, the case was dismissed, or you successfully completed deferred adjudication, you might be eligible to clear your criminal record. However, certain offenses, especially those involving family violence or sexual offenses, may not be eligible for expungement. It’s essential to consult with an attorney to determine your eligibility and the proper steps to take.
• Will a Misdemeanor Charge Affect My Employment?
  While misdemeanors typically carry less severe consequences than felonies, a conviction can still have an impact on employment opportunities. Employers may conduct background checks, and certain misdemeanor convictions, especially those involving dishonesty, drug offenses, or violence, could influence hiring decisions. In some cases, even if you're convicted, your attorney may be able to seek options to limit the record's impact, such as non-disclosure agreements.
• How Long Does a Misdemeanor Case Take in Texas?
  The length of a misdemeanor case in Texas can vary based on factors like the complexity of the case, the court’s schedule, and whether a plea agreement is reached. On average, misdemeanor cases can take several months to resolve, especially if you’re fighting the charges in court. Working with a defense attorney can ensure that your case is handled efficiently and that your rights are protected throughout the process.
• Can I Be Released on Bail for a Misdemeanor Charge?
  Yes, individuals charged with misdemeanors in Texas are typically eligible for bail. The amount of bail will depend on the severity of the charge, your criminal history, and other factors. Your defense attorney can assist in the bail process, potentially advocating for a lower bail or other release conditions if necessary.
• What Should I Do if I’m Arrested for a Misdemeanor in Bryan, TX?
  If you are arrested for a misdemeanor in Bryan, TX, the most important steps include remaining calm and invoking your right to remain silent until you can consult with a defense attorney. Avoid making statements to law enforcement that could be used against you. A lawyer can help guide you through the process, ensuring your rights are protected and advising you on how to proceed.
• Can I Represent Myself in a Misdemeanor Case in Texas?
  While it’s legally possible to represent yourself in a misdemeanor case, it’s not recommended. Criminal law can be complex, and even a misdemeanor conviction can have lasting consequences. A skilled defense attorney can help you understand the legal proceedings, ensure that you have the best possible defense, and work toward reducing penalties or securing a favorable outcome.