Beltz Law Firm

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Misdemeanor

Misdemeanor Charges – Misdemeanor Punishment Ranges – Misdemeanor Lawyer
Listed below are some of the most common misdemeanor charges that are filed in the State of Texas. Because there are so many misdemeanor charges included in the Texas Penal Code it is impossible to list all of them. If you do not see the case that you have been charged with, that does not mean that we do not handle your type of case. It just means that we ran out of room! If after reviewing the chart below, you would like to discuss your individual misdemeanor case further, please call or fill out
our web contact form.

ASSAULT AND ASSAULT FAMILY VIOLENCE
What is it?
A person intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse
What is the punishment?

Class A misdemeanor if the parties were married or in a dating relationship, were family or members of the same household.
Maximum jail sentence of 1 year.

No deferred adjudication offered

BURGLARY OF A VEHICLE
What is it?
A person without the effective consent of the owner breaks into or enters a vehicle or any part of a vehicle with intent or commit any felony or theft
What is the punishment?

Class A Misdemeanor

Maximum jail sentence of 1 year

ISSUANCE OF A BAD CHECK
What is it?
A person issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for payment in full of the check or order as well as for payment in full of all other checks or orders outstanding at the time of issuance
What is the punishment?

Class B Misdemeanor if check was for child support

Class C Misdemeanor for all other occurrences

DISORDERLY CONDUCT
What is it?
A person intentionally or knowingly uses abusive, indecent, profane or vulgar language in a public place and the language by its very utterance tends to incite an immediate breach of the peace.
What is the punishment?
Class C Misdemeanor
PROSTITUTION
What is it?
A person knowingly offers to (a) engage (b) agrees to engage; or
(c) engages in sexual conduct for a fee.
What is the punishment?

Class A Misdemeanor if the actor has previously been convicted three or more times of an offense.

Class B Misdemeanor otherwise

PUBLIC INTOXICATION
What is it?
A person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
What is the punishment?

Class C Misdemeanor

POSSESSION OF MARIJUANA
What is it?
A person knowingly or intentionally possesses a usable quantity of marijuana
What is the punishment?

Usually a Class B Misdemeanor depending on the amount.

POSSESSION OF DRUG PARAPHERNALIA
What is it?
A person knowingly or intentionally uses or possesses with the intent to use drug paraphernalia to (a) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal a controlled substance; or (b) to inject, ingest, inhale or otherwise introduce into the human body a controlled substance
What is the punishment?

Class C Misdemeanor

UNLAWFUL CARRYING OF HANDGUN BY A LICENSE HOLDER
What is it?
A license holder carries a handgun on or about the license holder’s person and intentionally fails to conceal the handgun
What is the punishment?

Class A Misdemeanor

Maximum jail sentence of 1 year

DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES
What is it?
A person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.
What is the punishment?

Class A Misdemeanor

Maximum jail sentence of 1 year

BAIL JUMPING & FAILURE TO APPEAR
What is it?
A person lawfully released from custody with or without bail on condition that he subsequently appear intentionally or knowingly fails to appear in accordance with the terms of his release.
What is the punishment?

Class A Misdemeanor in most cases.

Class C Misdemeanor if misdemeanor if maximum punishment of underlying offense is fine only.

FAILURE TO IDENTIFY/ GIVING FALSE OR FICTITIOUS IDENTITY
What is it?
A person intentionally refuses to give his name, residence, address or date of birth to a police officer who has lawfully (a) arrested the person (b) lawfully detained the person and who has requested the information
What is the punishment?

Class B Misdemeanor if warrants were outstanding and outright refusal.

Class A Misdemeanor if warrants were outstanding and gave fictitious information.

THEFT
What is it?
A person appropriates property with the intent to deprive the owner of property without the effective consent of the owner
What is the punishment?

Class B Misdemeanor for property valued over $50.00

Class A Misdemeanor for property valued over $500 but not more than $1,500.00.

CRIMINAL TRESPASS
What is it?
A person enters or remains on or in property of another, including aircraft or other vehicle without the effective consent and (a) he had notice that the entry was forbidden; or he received notice to depart but failed to do so
What is the punishment?

Class A misdemeanor if offense occurred in a habitation

Class B misdemeanor otherwise

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