Classifications of Misdemeanors

May 23, 2012

 

Classifications of Misdemeanors and the Punishment Ranges 

There are three classes of misdemeanors:  Class A, Class B, and Class C, Class A being the most severe on down to Class C’s.

Class A misdemeanors carry a punishment range of a fine of $4,000 or less, up to one year in jail or both.  A few examples of charges that are classified as Class A misdemeanors include:  possession of marijuana 2-4 oz, DWI 2nd, DWI 1st with a breath test over .15, resisting arrest, assault causing bodily injury on a family member, and deadly conduct.  

Class B misdemeanors are punishable by a fine up to $2,000, up to 6 months in jail, or both.  Class B misdemeanor offenses include:  possession of marijuana less than 2 oz, DWI 1st, and obstruction of a highway.  

Class C offenses are punished by a fine not to exceed $500.  Class C offenses include traffic violations, public intoxication, open container, and possession of drug paraphernalia.  

When facing a conviction of a misdemeanor, if there are subsequent convictions, the punishments are increased.  For instance, Section 12.43 of the Penal Code states:  “(a) If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:  (1) a fine not to exceed $4,000; (2) confinement in jail for any term of not more than one year or less than 90 days; or (3) both such fine and confinement.”  

Additionally, drug and alcohol convictions can carry driver’s license suspensions and some involve surcharges payable to DPS under the Driver Responsibility Program.  A first time DWI arrest, wherein a person provided a breath specimen with a BAC over .08, will likely result in a 90 day driver’s license suspension.  Upon conviction, the State will assess a $1,000.00 per year surcharge for 3 years.  A possession of marijuana conviction will result in a 180 day driver’s license suspension.  

Whether you’ve been charged with a felony or misdemeanor, you need the 420Dude on your side.  Jamie Balagia has an outstanding reputation for avoiding convictions.