Misdemeanors

Texas Misdemeanor Defense Attorneys | Dotzel Calhoun

Dotzel Calhoun represents individuals charged with misdemeanor criminal offenses in Collin County, Dallas County, Tarrant County, Denton County, and throughout North Texas. Attorneys Justin Dotzel and Luke Calhoun are former Collin County Chief Felony Prosecutors who have handled thousands of criminal cases and nearly 200 jury trials.

Although misdemeanors carry less punishment than felonies, they can still result in arrest, jail time, probation, fines, a permanent criminal record, employment consequences, and other problems that last well beyond the resolution of the case.

Our firm handles misdemeanor cases including assault, theft, criminal trespass, criminal mischief, resisting or evading arrest, marijuana possession, and other Texas misdemeanor offenses.

For information specifically concerning Driving While Intoxicated, see our separate Texas DWI and Intoxication Offenses page.

What Is a Misdemeanor in Texas?

Texas criminal offenses are generally divided into felonies and misdemeanors. Misdemeanors are the less serious category but can still expose a person to jail time and significant collateral consequences.
Texas divides misdemeanors into Class A, Class B, and Class C misdemeanors.

Class A Misdemeanors
A Class A misdemeanor is the most serious ordinary misdemeanor classification in Texas. It is punishable by:

• up to one year in county jail;
• a fine of up to $4,000; or
• both jail and a fine.

Examples can include certain assault, theft, criminal mischief, resisting arrest, and other offenses depending on the particular facts.

Class B Misdemeanors
A Class B misdemeanor is punishable by:

• up to 180 days in county jail;
• a fine of up to $2,000; or
• both.

Class C Misdemeanors
Class C misdemeanors are generally fine-only offenses. Even when jail is not part of the punishment range, the consequences of a conviction can still matter depending on the particular charge and the individual’s circumstances.

What Are Common Misdemeanor Charges in Texas?

Texas misdemeanor charges can arise from many different situations. Common cases include:

• Assault Causing Bodily Injury: An allegation that a person intentionally, knowingly, or recklessly caused bodily injury to another person can often be charged as a Class A misdemeanor. When the alleged victim is a family or household member or dating partner, additional family-violence consequences may apply. See our separate Domestic Violence Defense page for more information.
• Theft: Theft can be a misdemeanor or felony depending primarily on the value and nature of the property involved and other statutory circumstances.
• Criminal Mischief: Allegedly damaging or destroying another person’s property can result in misdemeanor or felony charges depending primarily on the amount of damage and other circumstances.
• Criminal Trespass: Entering or remaining on property without effective consent after receiving legally sufficient notice can result in a criminal charge.
• Resisting Arrest: Using force against an officer or another person in an alleged attempt to prevent an arrest, search, or transportation can result in misdemeanor charges.
• Evading Arrest or Detention: Fleeing from a person whom the accused knows is a police officer or federal special investigator attempting to lawfully arrest or detain the person can result in misdemeanor or felony charges depending on the circumstances and criminal history.
• Possession of Marijuana: Possession of smaller quantities of marijuana can still be prosecuted as a misdemeanor under Texas law, even as laws concerning marijuana differ significantly from state to state.

Can You Go to Jail for a Misdemeanor in Texas?

Yes.
A Class A misdemeanor can carry up to one year in county jail, while a Class B misdemeanor can carry up to 180 days.
That does not mean that every person charged with a misdemeanor will receive jail time. The ultimate result depends on the particular charge, criminal history, evidence, prosecutor, jurisdiction, available defenses, and other circumstances.
Possible outcomes can include dismissal, reduction, deferred adjudication where legally available, community supervision, negotiated sentencing, or trial.

Is a Misdemeanor “Just a Ticket”?

Usually not.
Class A and Class B misdemeanors are criminal cases that can involve arrest, bond conditions, court appearances, probation, and jail exposure.

Even when the immediate punishment appears relatively minor, a conviction can become important later. Criminal records may affect employment, professional licensing, housing, immigration status, firearm rights in certain cases, future criminal prosecutions, and other areas of life.

For that reason, the long-term consequences of a proposed resolution should be considered alongside the immediate punishment.

What Happens After a Misdemeanor Arrest?

The precise process depends on the county and charge, but a person arrested for a Class A or Class B misdemeanor will generally be brought before a magistrate, have bond addressed, and receive a criminal case in a county-level court.
After the county files the case, the defense may then obtain and analyze evidence such as:

• police reports;
• body-camera recordings;
• 911 calls;
• photographs;
• witness statements;
• surveillance footage;
• text messages;
• laboratory evidence; and
• other records relevant to the accusation.

The case may ultimately be resolved through dismissal, negotiation, a plea, or trial.

Can a Misdemeanor Charge Be Dismissed?

Yes.
A misdemeanor charge can sometimes be dismissed when the evidence does not support prosecution, important evidence is inadmissible, witnesses are unavailable or unreliable, additional investigation changes the prosecutor’s evaluation of the case, or another negotiated resolution is appropriate.

A dismissal is never guaranteed simply because a person has no prior record or because the alleged offense is a misdemeanor.

An experienced criminal defense attorney can evaluate the State’s evidence, conduct additional investigation where appropriate, and communicate with prosecutors concerning weaknesses in the case.

What Defenses Apply to Texas Misdemeanor Charges?

The available defenses depend on the particular offense. Common issues can include:

• Self-Defense: In an assault case, Texas law may justify the use of force when a person reasonably believes it is immediately necessary to protect against another person’s unlawful use or attempted use of force.
• Lack of Intent or Knowledge: Many misdemeanor offenses require the State to prove a particular mental state. Conduct that was accidental or unknowingly committed may present different legal issues.
• Mistaken Identity: Video, witness testimony, phone records, location information, and other evidence may raise questions about whether the accused was actually the person who committed the offense.
• Ownership or Value Disputes: Theft and criminal-mischief cases may involve disputes concerning ownership, consent, intent, or the value of property allegedly taken or damaged.
• Witness Credibility: In cases depending primarily on one person’s accusation, inconsistent statements, motives, prior communications, and objective evidence can become important.
• Illegal Searches or Seizures: Evidence obtained in violation of the Constitution or Texas law may sometimes be excluded.
• Insufficient Evidence: The State bears the burden of proving every element of a misdemeanor offense beyond a reasonable doubt.

What if This Is My First Criminal Charge?

A clean criminal history can be important, but it does not automatically cause a criminal case to disappear.
Prosecutors and courts may consider criminal history when evaluating punishment and potential resolutions. Depending on the charge and evidence, a first-time defendant may have options that are different from those available to someone with multiple prior convictions.
The defense should still evaluate whether the State can actually prove the case before deciding whether a negotiated resolution is appropriate.

Should I Talk to the Police About a Misdemeanor Allegation?

A misdemeanor investigation can still produce statements that are later used in court.
Police may ask a person to explain an assault, theft, property dispute, trespass allegation, or other incident before an arrest occurs. Although there are situations in which providing information can be helpful, a person should understand the potential consequences before giving a detailed statement about an alleged criminal offense.

A criminal defense attorney can evaluate the allegation and advise whether communication with investigators is strategically appropriate.

Can a Misdemeanor Affect My Criminal Record?

Yes.
An arrest, charge, and conviction can create records that may appear in criminal-history searches. Whether a particular case later qualifies for an expunction or order of nondisclosure depends on the offense, manner in which the case was resolved, criminal history, and other statutory requirements.

A person considering a plea or negotiated resolution should therefore consider not only the immediate sentence but also whether the result may affect future record-clearing options.

Do I Have the Right to a Jury Trial on a Misdemeanor?

Yes. A person accused of a Texas misdemeanor has constitutional and statutory trial rights, including the right to require the State to prove the criminal accusation beyond a reasonable doubt.

A misdemeanor should not automatically be treated as a case that must be pleaded simply because the potential punishment is lower than in a felony.

When an appropriate resolution cannot be reached and the client wishes to contest the accusation, Dotzel Calhoun is prepared to try the case.

Our Experience Handling Texas Misdemeanor Cases

Justin Dotzel and Luke Calhoun are former Collin County prosecutors who have collectively handled thousands of criminal cases and nearly 200 jury trials.
Their experience includes cases ranging from misdemeanor allegations to the most serious felony offenses prosecuted in Texas.
Dotzel Calhoun represents misdemeanor clients in Collin County, Dallas County, and throughout North Texas, with the same focus on careful case evaluation, preparation, negotiation, and trial strategy that applies in serious felony cases.

How Can a Texas Misdemeanor Defense Attorney Help?

A criminal defense attorney can:

• Obtain and analyze the State’s evidence
• Review body-camera and surveillance footage
• Interview witnesses and investigate disputed facts
• Examine whether police lawfully obtained evidence
• Identify defenses and evidentiary problems
• Communicate with prosecutors
• Seek dismissal or reduction when supported by the case
• Advise concerning probation and criminal-record consequences
• Prepare the case for trial when necessary
• Defend the accused before a jury

Contact Dotzel Calhoun

A misdemeanor may be less serious than a felony, but the outcome can still affect a person’s freedom, criminal record, career, and future.
Dotzel Calhoun represents clients accused of Class A and Class B misdemeanors in Collin County, Dallas County, Denton County, Tarrant County and throughout North Texas.

Contact Dotzel Calhoun at (972) 372-9383, or info@dotzelcalhoun.com for a confidential consultation and case evaluation.

Past results do not guarantee or predict a similar outcome in a future case. Every case depends on its own facts and circumstances