Misdemeanor Attorney Dallas
Misdemeanor Attorney Dallas: All You Need To Know About Misdemeanor In Texas
A Dallas misdemeanor attorney is your best bet at fighting a misdemeanor charge. The majority of people will have their first contact with the legal system stemming from such a charge. Misdemeanors are not so serious as felonies and are classified as such. A misdemeanor within Texas is described as an offense (criminal), which has a maximum punishment of less than 12 months.
In Texas, there are various categories of misdemeanors extending in seriousness from Class A to C, which cover a variety of petty offenses. Violations that contravene the Highway Traffic Act are the most common category of a misdemeanor in Texas. Traffic citations for failing to obey state and local traffic laws and regulations. The fact that you have been handed a ticket for a traffic violation and must appear in court means that you committed a misdemeanor charge, in class C.
Statutes Of Limitations
In the majority of criminal cases, prosecutors are required to adhere to a strict timeline that must be adhered to. A “statute of limitations” is what is used to describe this situation. In criminal law, the maximum time that can pass between the crime and formal charges against a defendant is specified by statute. In Texas, the statute of limitations for misdemeanor crimes is two years.
Consequences & Penalties
According to Texas law, these are the maximum punishments that can be imposed. However, it should be noted that these are not necessarily mandatory or minimum penalties. A first-timer may typically be given a lesser sentence, a lower fine, or a combination of the two punishments.
As a substitute for imprisonment, you may be eligible for community supervision (also known as probation) in some circumstances. Probation for a Misdemeanor in Texas entails a slew of stringent terms and conditions. It is also expensive; probation is also time-consuming due to the numerous fines and fees that the defendant must pay. Many of those who accepted probation later express regret for their decision.
As a result, whenever you have a Texas misdemeanor charge, you should always have a consultation with an experienced misdemeanor attorney in Dallas so that you can make the best decision possible about how to proceed with your case.
Class C misdemeanors in Texas are punishable with a maximum financial penalty of $500 but not by imprisonment. For example, traffic violations and certain types of theft are considered to be lesser crimes. Because they are less serious, it is common not to take them seriously enough when they are actually quite serious. However, in order to dodge the unwanted impact of a conviction, you should treat every misdemeanor charge in Texas with seriousness.
Classes Of Misdemeanor Charges In Texas
So, to summarize, Texas has three tiers of misdemeanor charges, which are referred to as “classes.” There are varying degrees of punishments associated with each of these offenses for the defendant. Misdemeanors classified as Class A are the worst misdemeanor charges and carry the maximum penalty.
- A conviction on a Class A misdemeanor will result in a maximum sentence of twelve months in county jail and a penalty of under $4,000.
- Misdemeanor charges are punishable by a maximum 180 days incarceration and a penalty of under $2,000 if they are classified as Class B misdemeanors.
- Class C is the lowest category of misdemeanor charges and are classified as such by the federal government. A Class C will not result in any jail time; however, it may result in fines to a maximum of $500 if the offense is repeated.
Factors Considered During Sentencing
Should the defendant be under the age and does not have any prior criminal history, the judge may consider these factors when pronouncing a sentence. An additional factor that a judge may consider is the victim’s impact statements, as well as the circumstances surrounding the crime when it was committed.
Furthermore, the judge may look to see if the defendant expressed remorse for his or her actions. This means a judge may also ensure that the victim will be satisfied the defendant is punished and that there is rehabilitation to ensure the defendant will not do it again in the future. In addition, the judge will consider all applicable laws and requirements for the offense.
Examples Of Misdemeanor Charges
Simple assault is typically classed as a Class A misdemeanor. However, this is not the case when the victim works as a public servant or government contractor performing an official function on behalf of the state.
This covers a variety of “bad behavior,” including offensive statements or gestures intended to “cause the peace to be breached”. It also includes flashing in public. Disorderly conduct is usually prosecuted as Class C misdemeanor.
It’s not illegal to get drunk, but if you do so and are a threat to yourself or someone else then you could be prosecuted for a class C.
Driving While Intoxicated
Your first DUI is regarded as a class B, but subsequent ones may be upgraded into a felony.
Theft is when you take something that is not yours. The value of what you steal is the deciding factor as to if it is a misdemeanor or counts as a felony. Under $100 remains a class C. Over $2500 upgrades to a felony.
If you enter someone’s property after being told not to do so (verbal or a sign), then that is trespass.
You can only bet inside a state-approved venue, to do so is a misdemeanor. This even includes a friendly poker game at home.
Getting a traffic ticket and being told to attend court then is a misdemeanor class C. This is the most common misdemeanor in the state.
Passing A Bad Check
These days most payments happen electronically, but checks are still around, If you pay someone a check and know you do not have the funds to cover it, then that is a class C misdemeanor.
Vandalism is the common name for criminal mischief. The most common form is graffiti. This is a misdemeanor.
Probation In Texas
Probation fees in Texas can be quite expensive and if they are not paid, there is the possibility of the probation arrangement being canceled and the individual is instead incarcerated. This is not an uncommon occurrence in Texas and it may sometimes be better not to go for probation if you know that you will be unable to meet the fees.
Probation violations may occur when rules that were set as part of the probation are broken. This typically will result in a revocation hearing. In Texas, the reason a revocation hearing is called can be for what seems to be very insignificant breaches of the rules. If the probation is not revoked it may be that the judge sets more stringent rules instead.
Expunction & Sealing Of Misdemeanor Records
Everyone has made a mistake or been in the wrong place at the wrong time, which has resulted in them getting into trouble at some point. For some, this can result in a criminal record that includes an arrest, a charge, or a conviction on their record.
Texas law allows persons to request that information regarding an arrest, charge, or conviction be deleted from their permanent records in specific circumstances, despite the fact that the vast majority of convictions cannot be erased from a person’s record. This is referred to as an expunction. When a person’s criminal record is erased, all information about the incident is taken from the criminal record, and the person can claim that the incident never occurred.
In Texas, the process of removing or expunging a record is known as “expunction.” This procedure is carried out following an arrest, acquittal, or dismissal. After that, a person must be patient and pause while they wait for their record to be expunged. Furthermore, this person must not be the subject of any current criminal charges or proceedings.
Class C Misdemeanors: 180 days from the arrest date
Class A and B Misdemeanors: 12 months from the date of arrest
If a person is convicted, they must then go through a process in which they petition the court for an “order of nondisclosure.” Completing community supervision programs or other court-mandated programs is frequently required as part of a petition for this order.
What To Do If Charged With A Misdemeanor
No matter if you are facing misdemeanor charges or felony charges, it is in your best interests to consult with a misdemeanor attorney Dallas who is trained and knowledgeable in the specifics of your situation. If you are charged with a misdemeanor, your attorney can assist you in comprehending the rules of your state governing misdemeanor classification and punishment, as well as assessing whether or not you have any defenses available to you in your specific circumstance. Aside from that, if it becomes necessary for you to appear in court, your attorney will represent you.
For more information about how The Medlin Law Firm in Dallas can assist, visit their website at The Medlin Law Firm (Dallas): https://www.medlinfirm.com/