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Texas classifies crimes as either a misdemeanor or felony. Misdemeanor crimes are typically less serious in comparison to a felony. However, this doesn’t mean you shouldn’t be worried if you’re charged with a misdemeanor. You could still face expensive fines and possible jail time.

Misdemeanors are separated by three different classes. A class A misdemeanor is the highest possible misdemeanor offense with the harshest penalties. If you or someone you know has been charged with a class A misdemeanor, it’s important that you contact an experienced criminal defense attorney.

Attorney for Class A Misdemeanors in Travis County, Texas

Have you been charged with a class A misdemeanor in the Travis County area? If so, it’s important that you contact an experienced criminal defense attorney. You could face up to 12 months in jail and pay expensive fines. If you or someone you know has been charged with a class A misdemeanor, contact Kevin Bennett today.

Kevin Bennett is an experienced criminal defense attorney in the Travis County area. He understands how stressful the criminal process can be. That’s why he wants to assist you through quality legal service. Call today at (512) 476-4626 and schedule a free consultation.

The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Rollingwood, Lago Vista, Pflugerville and Austin.

Overview of Class A Misdemeanor in Texas

Penalties for a Class A Misdemeanor

Criminal offenses in Texas are classified as a misdemeanor or felony. Misdemeanor offenses are categorized by the severity of the offense. The offense can be enhanced if certain aggravating factors were present during the crime. If you’re convicted of a misdemeanor, you can only be sentenced to state or county jail.

Texas Penal Code § 12.21 states the penalty if you’re found guilty of a class A misdemeanor.

  • A possible fine of up to $2,000; and
  • A jail sentence not to exceed twelve months; OR
  • Both the fine and the jail sentence.

Examples of a Class A Misdemeanor

A class A misdemeanor carries some heavy penalties. You could face up to a year in jail and be required to pay steep fines. It’s not just important, but necessary that you contact an experienced criminal defense attorney. A skilled attorney can evaluate your case and develop a strong defense plan for you.

Listed below are some examples of a class A misdemeanor.

  • Resisting arrest;
  • Obscenity;
  • Interfering with a 911 call;
  • Theft of a check;
  • Second DWI offense;
  • Possessing up to four ounces of marijuana;
  • Burglarizing a motor vehicle or ATM;
  • Assault with bodily injury;
  • Promoting gambling;
  • Evading an arrest on foot;
  • Unlawfully carrying a weapon; or
  • Public lewdness

Penalties for Repeat and Habitual Misdemeanor Offenders

Texas has established laws to deter people from repeatedly committing crimes. If you commit multiple misdemeanor offenses, then the court may label you as a repeat and habitual misdemeanor offender. Texas Penal Code § 12.43 addresses repeat and habitual misdemeanor offenders.

If you are on trial for a class A misdemeanor and have a prior class A misdemeanor or felony conviction, then you may face:

  • Minimum jail sentence of 90 days;
  • Maximum jail sentence of 12 months;
  • A fine not to exceed $4,000; OR
  • Both the fine and jail sentence.

If you are on trial for a class B misdemeanor and have a prior class A or B misdemeanor conviction, then you may face:

  • Minimum jail sentence of 30 days;
  • Maximum jail sentence of 180 days;
  • A fine not to exceed $2,000; OR
  • Both the fine and jail sentence.

Hate Crime Enhancement in Texas

If a crime is classified as a hate crime, then the penalties may be enhanced. Texas Penal Code § 12.47 states hate crimes must be reclassified up one degree of the original charge. Since class A misdemeanor is the highest offense, the penalty for a hate crime is:

  • Minimum jail sentence of 180 days;
  • Maximum jail sentence of up to 12 months;
  • A possible fine of up to $4,000; OR
  • Both the fine and the jail sentence.

A hate crime is any offense that was committed against another solely because of a bias or prejudice about the following:

  • Race;
  • Age;
  • Gender;
  • Sexual orientation;
  • Ethnicity; and
  • Religion

Disaster Area or Evacuated Area Enhancement in Texas

Another way your crime can be enhanced is if it’s committed in a disaster or evacuated area. Texas Penal Code § 12.50 states your penalties may be elevated if the crime was committed during a state of disaster by a qualified person. The only people who can declare a state of emergency are:

  • The President of the United States;
  • The governor;
  • Chief administrative officer for airport jurisdiction; or
  • Mayor in their jurisdiction.

The disaster area enhancement only applies to the following crimes:

  • Assault;
  • Robbery;
  • Burglary; and
  • Theft

The penalty for a class A misdemeanor is enhanced if the crime is committed in a disaster area or evacuated area. If you’re convicted, you will face a minimum jail sentence of 180 days.

Other Types of Misdemeanors in Texas

Texas has three classes for misdemeanors. All of the classes have their own sentencing ranges and possible fines. The only misdemeanor class that doesn’t involve jail time is a class C misdemeanor. Listed below are the different misdemeanor classes in Texas.

  • Class B Misdemeanor
    • Up to 180 days in jail;
    • A possible fine of up to $2,000
  • Class C Misdemeanor
    • A fine not to exceed $500.

 Additional Resources

Texas Sentencing Laws – Visit the official website for the Texas Penal Code to learn more about statutory penalties. Find more information about felonies, misdemeanors, their penalites and possible enhancements under Texas law.

Penal Code Offenses by Punishment Range – Visit a document provided by the Texas Attorney General and find more information surrounding statutory penalties. Access the document to learn the penalties for domestic violence, violent crimes, sexual offenses and more.

Lawyer for Class A Misdemeanors in Austin, Texas

If you or someone you know has been charged with a class A misdemeanor, then it’s important that you contact an experienced criminal defense attorney. Hiring an attorney can significantly increase your chances of having your charges reduced or dismissed.

Find that attorney today with Kevin Bennett. He has handled both felony and misdemeanor cases in Texas criminal courts. He will utilize his knowledge and resources to formulate a defense plan for you. Call him today at (512) 476-4626 to set up a free consultation.

The Law Office of Kevin Bennett represents clients throughout the greater Austin area including West Lake Hills, Rollingwood, Pflugerville and Manor.

This article was last updated on February 1st, 2018.