Class B misdemeanors in Texas are mid-level criminal offenses that fall between Class C misdemeanors and Class A misdemeanors. They are not as severe as felonies, but a conviction can still bring serious consequences. If you are facing a Class B charge, it is important to understand what these offenses include, the possible penalties, and how they could affect your future.
What Counts as a Class B Misdemeanor in Texas
Texas law recognizes three levels of misdemeanors: Class A, B, and C. Class B misdemeanors sit in the middle, meaning they are more serious than Class C but not as severe as Class A. These charges cover a wide range of offenses.
Common examples include first-time driving while intoxicated (DWI) without aggravating factors, theft of property worth between $100 and $750, possession of up to two ounces of marijuana, criminal trespassing, and certain types of criminal mischief.
Each case is unique, and the exact charge can depend on the details of the alleged offense and the person’s prior record.
Penalties for Class B Misdemeanors in Texas
Under Texas Penal Code § 12.22, a Class B misdemeanor conviction can bring:
- Up to 180 days in county jail
- A fine of up to $2,000
- Both jail time and a fine
In some situations, probation (community supervision) may be an option instead of jail. This usually involves meeting with a probation officer, completing community service, and following certain rules like avoiding new arrests or passing drug tests.
Some cases carry mandatory jail time. For example, a person with prior Class A or B misdemeanor convictions, or certain felony convictions, may face a minimum 30-day jail sentence.
Long-Term Impact of a Class B Misdemeanor
A misdemeanor conviction does not just end with fines or jail. It becomes part of your criminal record and will show up on background checks. This can affect future opportunities like:
- Getting a job or professional license
- Applying for housing or loans
- College admission or eligibility for financial aid
For non-citizens, some misdemeanor convictions can even impact immigration status.
Examples of Class B Misdemeanors
While there are many possible Class B misdemeanor charges, some of the most common include:
- First-offense DWI (Texas Penal Code § 49.04)
- Possession of up to two ounces of marijuana (Texas Health & Safety Code § 481.121)
- Criminal trespass or disorderly conduct
- Theft of property between $100 and $750
Each of these offenses has specific legal elements that must be proven for a conviction.
What Can Make a Class B Charge Worse
Certain factors can enhance a Class B misdemeanor to a higher-level charge or result in tougher penalties. These may include prior convictions, use of a weapon, causing bodily injury, or committing the crime in a protected place like a school zone.
The Court Process for Class B Misdemeanors
When someone is arrested for a Class B misdemeanor, the process usually starts with booking, fingerprinting, and recording personal information. Then the person will have an arraignment where a judge explains the charges and asks for a plea. The judge may also set bail or bond at this time.
If the case does not end with a plea deal, it will move to trial. The prosecution will present evidence, the defense can challenge that evidence and present witnesses, and the judge or jury will decide guilt or innocence. If found guilty, sentencing can include jail, probation, community service, or fines.
Defense Strategies for Class B Misdemeanors
An experienced criminal defense lawyer can review the case and build a defense tailored to the facts. Some common defense strategies include:
- Challenging the evidence or proving there is not enough to meet the burden of proof
- Showing evidence was gathered illegally, violating the Fourth Amendment
- Presenting an alibi or proving the accused was not present during the alleged crime
- Negotiating for reduced charges or a plea agreement
- Arguing self-defense when appropriate
- Pointing out errors in police procedure or the legal process
These strategies can sometimes result in a case dismissal, reduced penalties, or an alternative sentence like probation.
Clearing or Sealing a Record
In some situations, it may be possible to have a Class B misdemeanor removed or hidden from public view through expunction or an order of non-disclosure. Expunction completely erases the record, while non-disclosure seals it from public access but allows law enforcement and some agencies to still see it.
Why Legal Help Matters
Facing a Class B misdemeanor charge can be stressful and overwhelming, especially if it is your first experience with the criminal justice system. Having a skilled defense attorney can make a big difference. A lawyer can protect your rights, challenge the evidence against you, and work toward the best possible outcome.
Talk to a Texas Criminal Defense Lawyer Today
If you have been charged with a Class B misdemeanor in Texas, you do not have to face it alone. A knowledgeable Dallas defense attorney can explain your options and fight to protect your future. Call (214) 432-8860 today to discuss your case and start building a defense.