What Is a Class B Misdemeanor in Texas?

A Class B misdemeanor in Texas is punishable by up to 180 days in county jail, a fine of up to $2,000, or both, under Texas Penal Code § 12.22. It sits between the more severe Class A misdemeanor and the fine-only Class C. Common Class B misdemeanors include first-offense DWI (Penal Code § 49.04), possession of two ounces or less of marijuana (Health & Safety Code § 481.121(b)(1)), criminal trespass, and theft of property valued between $100 and $750. The Law Office of David D. White, PLLC defends these charges across ten Texas counties.

What Is a Class B Misdemeanor Under Texas Law?

A Class B misdemeanor in Texas is the middle tier of misdemeanor offense, classified by Texas Penal Code § 12.22 as punishable by up to 180 days in county jail, a fine of up to $2,000, or both. It is more serious than a Class C misdemeanor (fine-only, no jail) but less serious than a Class A misdemeanor (up to one year in jail and fines up to $4,000). Although classified below felonies, a Class B misdemeanor is still a criminal offense that will appear on your criminal record unless you successfully pursue expunction or nondisclosure.

How Bad Is a Class B Misdemeanor in Texas?

A Class B misdemeanor conviction in Texas carries up to 180 days in county jail, a fine of up to $2,000, and a permanent criminal record that can affect employment, housing, professional licensing, and immigration status for life. In DWI cases, conviction also results in driver’s license suspension. The statutory authority is Texas Penal Code § 12.22.

That said, jail is not mandatory. Probation, deferred adjudication, and pretrial diversion are commonly available for first-offense Class B misdemeanors, and many cases resolve without any jail time when defense counsel negotiates effectively.

Certain factors can also enhance a Class B misdemeanor to a higher charge level with steeper penalties:

• Prior convictions: Repeated offenses can elevate the charge to a Class A misdemeanor or felony.
• Use of a deadly weapon: A weapon’s presence can enhance the offense to a more serious charge.
• Vulnerable victims: Crimes against minors, the elderly, or other protected groups frequently carry enhanced penalties.

What Are Examples of Class B Misdemeanors in Texas?

Common Class B misdemeanors in Texas include first-offense DWI, possession of two ounces or less of marijuana, criminal trespass, theft of property valued between $100 and $750, prostitution (first offense), making a false report to a peace officer, and indecent exposure. The Class B offenses most commonly charged in our practice include:

• First-offense DWI (Penal Code § 49.04)
• Possession of two ounces or less of marijuana (Health & Safety Code § 481.121(b)(1))
• Theft of property valued between $100 and $750

Can a Class B Misdemeanor Be Dismissed or Dropped?

Yes. A Class B misdemeanor can be dismissed or dropped in Texas under several circumstances, including insufficient evidence, successful completion of pretrial diversion, successful completion of deferred adjudication, or negotiated dismissal in exchange for a plea to a lesser offense. Only the prosecutor has authority to drop charges, but defense counsel can often negotiate a dismissal by surfacing weaknesses in the State’s evidence or by securing a diversion-program agreement. Completing a diversion program can lead to dismissal of the charge.

How Does a Class B Misdemeanor Affect Your Record?

A Class B misdemeanor conviction stays on your criminal record permanently unless it is expunged or sealed through nondisclosure. Expunction is available after a not-guilty verdict, dismissal, or successful pretrial diversion. Nondisclosure (sealing) is available after successful deferred adjudication for most Class B offenses. Without expunction or nondisclosure, the conviction can appear on background checks for employment, housing, and professional licensing for the rest of your life.

What Defenses Apply to Class B Misdemeanor Charges?

Available defenses depend on the specific offense, but an experienced criminal defense attorney can commonly raise:

• Challenging the legality of the stop, search, or arrest — evidence collected in violation of the Fourth Amendment can be suppressed.
• Disputing the elements the State must prove — if the prosecution cannot prove every element beyond a reasonable doubt, the case fails.
• Affirmative defenses — necessity, self-defense, mistake of fact, or duress can apply in certain Class B offenses.
• Constitutional challenges — Miranda violations, lack of probable cause, or improperly obtained statements can lead to evidence exclusion.

“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”

David D. White

Austin Criminal Defense Lawyer

A Class B misdemeanor charge can have lasting consequences, but you don’t have to face it alone. The Law Office of David D. White, PLLC has the experience to help you fight the charges and navigate each step to protect your rights. Call us at 512-369-3737 to schedule a free consultation. We’re available 24/7 to support you.

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