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Austin Misdemeanor Lawyer
A misdemeanor charge can feel overwhelming, but knowing what you are up against and what options exist can make a real difference. At CMK Defense, PLLC, our misdemeanor lawyers in Austin help people facing these charges every day, and we want you to understand what comes next.
Call us at (512) 375-3303 or contact us online to schedule a consultation to discuss your case and potential strategies.
Misdemeanor Cases in Austin
Our attorneys handle a wide range of misdemeanor offenses filed in Travis County courts and the Austin Municipal Court. We know the Travis County District Attorney’s Office and the courtrooms where your case will be heard. After an arrest, your case will move through Travis County courts, typically starting with the magistration process where charges are formally read and bail conditions are set.
If you are facing charges, we are prepared to step in and start working on your defense right away:
- Theft and shoplifting
- Assault and domestic violence
- Driving While Intoxicated (DWI) (first and second offense)
- Drug possession
- Evading arrest
- Unlawful carrying of a weapon
- Criminal trespass
- Public Intoxication
- Disorderly conduct
What’s at Stake: Understanding Texas Misdemeanor Classifications
| Class | Max Jail Time | Max Fine | Common Examples |
|---|---|---|---|
| Class C | No jail time | $500 | Public intoxication, minor traffic violations, possession of drug paraphernalia |
| Class B | Up to 180 days | $2,000 | First DWI offense, possession of marijuana (under 2 oz.), criminal trespassing |
| Class A | Up to 1 year | $4,000 | Second DWI offense, assault causing bodily injury, possession of marijuana (2–4 oz.) |
What Are the Penalties for Misdemeanors in Texas?
Texas divides misdemeanors into three classes, with penalties increasing in severity. Judges in Austin also have discretion to add conditions like community service, classes, or no-contact orders depending on the facts of your case:
- Class A Misdemeanor: Under Texas Penal Code § 12.21, this classification has the most significant punishment range among misdemeanor offenses, with up to one year in county jail and fines up to $4,000. Charges like a first-offense DWI with a blood alcohol concentration (BAC) of 0.15 or higher, and assault causing bodily injury fall here.
- Class B Misdemeanor: Up to 180 days in county jail and fines up to $2,000, with first-offense DWI and some theft charges as common examples.
- Class C Misdemeanor: No jail time, but fines up to $500. Minor offenses such as disorderly conduct or public intoxication fall into this category.
- Misdemeanor enhancements: Certain prior convictions or aggravating factors can elevate a misdemeanor to a higher class or even a felony. A second DWI, for example, moves from a Class B to a Class A misdemeanor.
Why Trust CMK Defense, PLLC with Your Misdemeanor Case?
We bring over 30 years of combined experience to every misdemeanor case in Austin. We offer bilingual representation so language is never a barrier, and we do not push quick pleas unless they are genuinely in your best interest. We advocate for clients in the following ways:
- Full investigation of the facts surrounding your arrest
- Challenging improper stops, searches, and evidence collection
- Pursuing a dismissal or an option that would result in a dismissal, such as pretrial diversion
- Negotiating with prosecutors at the Blackwell-Thurman Criminal Justice Center
- Preparing every case as if it is going to trial
FAQ: What to Know After Being Charged with a Misdemeanor
Can I get my Case Dismissed?
Yes, case dismissal is possible, though the path varies based on your specific charge, evidence, and circumstances. A dismissal can happen in different ways: after completing a pretrial diversion program, after negotiations by your attorney, suppression of evidence on procedural grounds, or when prosecutors determine they lack sufficient evidence to proceed. The critical factor is early preparation. Prosecutors and courts see cases differently when defense counsel has already investigated the evidence, identified weaknesses, and developed strategy rather than waiting until trial.
Can You Get Probation?
Probation may be possible when a dismissal or pretrial diversion program is not an option. There are two distinct types. Straight probation means you were convicted and served a probation term. Deferred adjudication means no conviction is entered as long as you complete the terms. However, it does remain visible on your record unless you later pursue an order of nondisclosure.
Is a Misdemeanor Permanent?
A misdemeanor conviction generally stays on your record permanently unless you are eligible for expunction or nondisclosure. Under Texas Code of Criminal Procedure Art. 45A.303, certain fine-only misdemeanor cases may be dismissed after completing conditions set by the court, which can open the door to expunction. Whether your record can be cleared depends on the charge, the outcome, and your history. We can walk you through every option before you make any decisions.
What If it is Your First Offense?
If this is your first time in trouble with the law, you may qualify for a pretrial diversion program, if a straight dismissal is not possible. Completing the program can result in a dismissal, which may then make the charge eligible for expunction. Deferred adjudication is another possibility, but the case will not be eligible for expunction and should not be confused with a clean slate. A deferred adjudication might qualify for a non-disclosure.
Do You Need a Lawyer If You Are Innocent?
Innocence alone does not guarantee a dismissal. Prosecutors file charges based on what they believe the evidence supports. Without a strong defense strategy, even innocent people can end up with a conviction on their record.
Contact Our Austin Misdemeanor Lawyers Now
A misdemeanor charge can affect your job, your housing options, and your future if it is not handled properly. Do not wait for your court date to start thinking about a defense. Reach out now so our team can begin building your case while evidence and witness accounts are still fresh. We are ready to stand with you.
Contact CMK Defense, PLLC at (512) 375-3303 or through our online form to schedule a consultation with our Austin misdemeanor lawyer team, who will put their full attention toward protecting your future.
Tell us what’s going on. We’ll help you figure out what to do next—starting today.
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