The State of Texas divides criminal offenses into felonies and misdemeanors, with felonies being the more serious charges. Although Class C misdemeanors are less-serious criminal offenses, they can still garner penalties if you ultimately sustain a conviction. 

If you are currently pending any criminal charge in Austin – whether felony or misdemeanor – it is essential that you have skilled legal counsel advocating for you and representing your legal interests every step of the way. An experienced criminal defense attorney at the Law Office of David D. White, PLLC, can review your misdemeanor charge with you, explain your legal rights, and ensure that those rights remain protected while your criminal case is pending in the court system. 

We can also outline the various legal options you may have available, including potential defenses you may be eligible to assert at trial. Finally, we can help you decide on the best legal option, given the facts and circumstances of your individual case. 

For a free case evaluation and legal consultation with a criminal defense attorney, please contact our office for more information. 

What Exactly is a Class C Misdemeanor?

A Class C misdemeanor is the smallest crime you could be charged with in Texas. Pursuant to various provisions of the Texas Penal Code, a convicted offender will not have to serve any jail time on a Class C misdemeanor. However, an offender may have to pay a maximum monetary fine of $500 upon conviction. Offenders may also receive additional penalties if they incur consecutive Class C misdemeanor convictions. 

Examples of Class C Misdemeanors

Some of the most common examples of Class C misdemeanor charges in Texas include:

• Theft of less than $50
• Simple assault
• Disorderly conduct
• DWI committed by an underage driver
• Leaving a child in a vehicle
• Gambling
• Public intoxication
• Jumping bail
• Criminal trespassing
• Alcohol possession in a vehicle

What are the Potential Penalties upon Conviction for a Class C Misdemeanor?

To receive a conviction for a Class C misdemeanor – or any criminal offense in Texas – the state prosecutor handling your case must satisfy their legal burden of proof beyond a reasonable doubt. This is a very high legal burden to overcome, and if the state prosecutor fails to satisfy the necessary burden of proof in your case, your misdemeanor charge may be subject to a complete dismissal. 

If the state prosecutor ultimately sustains a conviction against you, a sentencing judge will determine the penalties to impose. In general, a Class C misdemeanor conviction cannot result in a jail sentence. However, a convicted offender may have to pay up to $500 in monetary fines. 

However, at other times, a Class C misdemeanor conviction in Texas may be significantly more serious, such as if you sustained a conviction for public intoxication or disorderly conduct three consecutive times. More serious consequences may also result if you ultimately sustain any combination of public intoxication and disorderly conduct offenses. 

In these circumstances, if you sustained the convictions within a period of two years of your current charge, you will receive one or both of the following:

• A jail sentence lasting 180 days
• A total monetary fine of $2,000

How Do You Avoid Potential Legal Penalties in a Criminal Case?

Obviously, the best way to avoid legal penalties in a criminal misdemeanor case is to avoid a conviction in the first place. One way to avoid a conviction is to introduce one or more favorable legal defenses to your criminal charge at trial. 

Our legal team will be able to determine if you are eligible to raise certain defenses to your pending criminal charge, as well as the likelihood that your defense will be successful in court. A successful legal defense can work to negate one or more legal elements of a pending charge and prevent the state prosecutor from satisfying their legal burden of proof. If that happens in your case, then your charge may be subject to a complete dismissal. 

If you ultimately sustain a conviction on a Class C misdemeanor charge, we could also represent you at your sentencing hearing before a judge, make the necessary legal arguments on your behalf, and work to pursue the lightest possible penalty in your case. 

Potential Expungement of a Class C Misdemeanor Charge from Your Record

A Class C misdemeanor arrest or conviction may show up during a criminal background check. As a result, the convicted individual may experience numerous collateral consequences, which may include:

• Difficulty finding or keeping certain jobs
• Difficulty gaining admission to a particular college, university, course of study, or other educational program or facility
• Loss of scholarship money or financial aid from the college or university which the individual attends
• Inability to find a place to live, such as at an apartment 

Fortunately, a Class C misdemeanor conviction may be eligible for expungement from a person’s record after a period of 180 days has elapsed since the arrest date. Expungement is a process whereby a criminal charge effectively comes off a person’s criminal record, preventing members of the public-at-large from viewing the charge when performing a records check or a criminal background search.

If you meet the necessary requirements for expungement, we could help you file the necessary petition with the court and pursue an expungement on your behalf. We could also represent you at your expungement hearing which takes place in front of a criminal court judge, and help you pursue a favorable result. 

Talk with a Skilled Criminal Defense Lawyer in Austin Right Away

If you are currently pending a Class C misdemeanor charge – especially one that involves disorderly conduct and/or public intoxication – it is important that you retain skilled legal counsel to represent you the right way. You should contact our legal team as soon as you know you might face criminal charges so we can begin working on your defense.

At the Law Office of David D. White, PLLC, we can represent you at all stages of your criminal case, including in-court appearances. We will aggressively fight for your rights and help you pursue the best possible result in your criminal case.

For a consultation with a knowledgeable Austin criminal defense attorney, please call us at 512-369-3737 or contact us online to learn more.