Class A Misdemeanor in Texas: Penalties, Offenses, and Legal Process
Understand how Class A misdemeanors in Texas are defined, prosecuted, and how they can impact your criminal record and future opportunities.
Texas classifies criminal offenses by severity, with Class A misdemeanors representing a serious category just below felonies. These charges carry potential legal consequences that can affect an individual’s freedom and future opportunities. Understanding how Texas handles these cases, including the penalties, court process, and impact on criminal records, is crucial for those facing such charges.
Statutory Definition
Texas law categorizes criminal acts into felonies and misdemeanors. Misdemeanors are further divided into three classes based on seriousness: Class A, Class B, and Class C. The Texas Penal Code designates Class A misdemeanors as the most serious type within this category. This classification determines the potential legal penalties associated with a conviction.
Range of Confinement and Fines
Under the Texas Penal Code, a conviction for a Class A misdemeanor carries specific potential penalties. An individual found guilty may face confinement in a county jail for up to one year. Additionally, a fine of up to $4,000 may be imposed.1FindLaw. Texas Penal Code § 12.21. Class A Misdemeanor Punishment Courts have the discretion to order jail time, a fine, or a combination of both, depending on the circumstances of the case.
Typical Offenses
Various actions can lead to a Class A misdemeanor charge in Texas. These offenses are more serious than lower-level misdemeanors and can involve harm to people, property, or public order.
Common examples include assault that causes bodily injury. Theft of property valued at $750 or more but less than $2,500 also typically falls into this category, as does intentionally damaging property within the same value range (criminal mischief).
Certain driving offenses can be classified as Class A misdemeanors. While a first-time Driving While Intoxicated (DWI) offense is usually a Class B misdemeanor, it can be elevated to Class A if the driver’s blood alcohol concentration is 0.15 or higher.2Texas Attorney General. Texas Penal Code Offenses by Punishment Range
Other actions, such as resisting arrest by using force against an officer, perjury involving a false statement under oath during an official proceeding, or violating certain protective orders, are often treated as Class A misdemeanors. Criminal trespass can also rise to this level if it occurs in specific locations like a home or critical infrastructure facility.
Court Procedures
The legal process for a Class A misdemeanor in Texas typically starts with an arrest or the issuance of a citation. If arrested, the accused must appear before a magistrate, usually within 48 hours. During this initial appearance, the judge informs the accused of the charges, advises them of their rights, including the right to an attorney, and sets bail.
The case proceeds in a County Court at Law or a Constitutional County Court. The prosecutor files a formal charging document, called an “information” or “complaint.” An arraignment follows, where the accused is formally charged and enters a plea – typically “guilty,” “not guilty,” or “nolo contendere” (no contest).3Texas Legislature Online. Code of Criminal Procedure Chapter 26. Arraignment If the accused cannot afford legal representation, the court will address appointing counsel.
If the plea is “not guilty,” the case enters the pre-trial phase. Both the prosecution and defense exchange evidence (discovery) and may file motions on legal issues, such as attempts to exclude certain evidence. Plea negotiations often occur during this stage, potentially leading to a resolution without a trial.
Should no plea agreement be reached, the case goes to trial. Defendants have the right to a jury trial, usually with six jurors in county court, or they can choose a trial decided solely by the judge (a bench trial) if the prosecutor agrees. Both sides present evidence and arguments. The prosecution must prove guilt “beyond a reasonable doubt.” The jury (or judge) then delivers a verdict.4Texas Legislature Online. Code of Criminal Procedure Chapter 37. The Verdict If the verdict is “guilty,” the judge or jury determines the sentence.
Consequences for Records
A conviction for a Class A misdemeanor creates a permanent criminal record maintained by state agencies like the Texas Department of Public Safety. This record is accessible through background checks used by employers, landlords, and other entities.
Even if a case is resolved through deferred adjudication – a form of probation that results in dismissal rather than conviction upon successful completion – the records of the arrest and charge generally remain publicly accessible unless formally sealed. Background checks may still reveal the charge, even without a final conviction.
The presence of a Class A misdemeanor record can create significant barriers. Employers often conduct background checks, and such a record can lead to disqualification from jobs, especially those requiring trust or specific licenses. Landlords may deny housing applications based on criminal records. Obtaining or maintaining professional licenses can also be affected, as licensing boards can deny or revoke licenses based on convictions related to the profession’s duties. Furthermore, federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms.5Supreme Court of Ohio. Federal Firearms Prohibitions for Domestic Violence Misdemeanors For non-U.S. citizens, certain misdemeanor convictions can lead to adverse immigration consequences, including deportation or denial of entry.
Options for Sealing Records
Individuals with a Class A misdemeanor charge in Texas may be able to limit public access to their records through an order of nondisclosure. This legal process, governed by the Texas Government Code, restricts general public access to the record, although certain government and licensing agencies may still view it under specific circumstances.6Texas Legislature Online. Government Code Chapter 55. Public Information (Subchapter E-1 Nondisclosure) Eligibility depends on how the case was resolved and the nature of the offense.
Often, eligibility requires completing deferred adjudication community supervision. For many Class A misdemeanors resolved this way, successfully finishing the supervision period and having the case dismissed allows the individual to petition for nondisclosure. However, waiting periods may apply. For offenses involving family violence, stalking, or certain other serious categories, a two-year waiting period after dismissal is typically required before filing. For other misdemeanors resolved via deferred adjudication, the petition can often be filed immediately after dismissal. Notably, certain offenses, like those requiring sex offender registration or involving findings of family violence, are ineligible for nondisclosure even after deferred adjudication.
Obtaining nondisclosure after a conviction is possible but more limited. Individuals convicted of certain misdemeanors and sentenced only to a fine might petition immediately after completing the sentence. For those who served jail time as part of their sentence for certain first-time misdemeanor convictions (excluding DWI and other specified offenses), a petition may be filed after a waiting period. For eligible Class A misdemeanors, this waiting period is typically two years after completing the entire sentence, including any jail time and supervision.
The process involves filing a petition in the court that handled the original case. The petitioner must meet all eligibility criteria, including any waiting period, and the judge must find that granting the order is in the “interest of justice.” The prosecutor can contest the petition. The court reviews the case and criminal history before deciding whether to grant the order restricting public access to the records for that specific charge.
