Misdemeanor Defense

Houston Misdemeanor Defense Attorneys

An arrest in Harris County can happen in the blink of an eye. You might be driving home from a game at Minute Maid Park or leaving a restaurant in Midtown when a simple interaction with law enforcement turns into a criminal matter. 

While some people view a misdemeanor as a minor issue, the reality in the Texas justice system is far more serious. A conviction can follow you for the rest of your life, affecting your job, your housing, and your constitutional rights. 

If you are facing criminal charges in Houston, act fast. Contact the Charles Johnson Law Firm for aggressive legal representation. You will speak directly with an experienced criminal defense attorney who is ready to solve your problems, not an assistant or a paralegal.

Understanding Misdemeanor Offenses under Texas Law

Texas classifies misdemeanors into three categories based on the severity of the offense. Each level carries different potential consequences, ranging from fines to significant jail time. The Texas Penal Code outlines these classifications clearly to ensure the justice system remains consistent.

Class A misdemeanors are the most serious non-felony offenses. According to Texas Penal Code § 12.21, a conviction can result in a fine of up to $4,000 and up to 1 year in the Harris County Jail. These charges often involve allegations like assault with bodily injury or a second DWI offense.

Class B misdemeanors carry slightly lower penalties but remain a major threat to your criminal record. Texas Penal Code § 12.22 states that these offenses can result in a fine of up to $2,000 and up to 180 days in jail. Common examples include a first-time DWI or possession of a small amount of marijuana.

Class C misdemeanors are the least severe and are usually punishable by a fine of up to $500 with no jail time, as noted in Texas Penal Code § 12.23. While these are often handled in municipal courts, paying the fine is treated as a guilty plea, creating a permanent criminal record that employers can see during a background check.

Drug Charges and Misdemeanor Defense in Houston

The Charles Johnson Law Firm provides aggressive representation for a full spectrum of drug-related crimes. The Texas Controlled Substances Act provides the legal framework for these crimes. A misdemeanor conviction for drug possession can lead to a driver’s license suspension and issues with federal student aid.

We defend against drug possession involving everything from marijuana to controlled substances, and drug trafficking charges, where lower-level transport requires a robust defense to prevent felony escalation. 

Our team also handles drug manufacturing allegations and prescription drug offenses involving unauthorized possession or forged scripts. Despite shifting laws elsewhere, we remain committed to defending marijuana offenses under strict Texas statutes.

DWI and Traffic-Related Misdemeanors

Driving while intoxicated (DWI) is one of the most common misdemeanor charges in Harris County. A first or second offense is typically handled in the Harris County Criminal Courts at Law. According to Texas Penal Code § 49.04, the state only needs to prove you did not have the normal use of your mental or physical faculties due to alcohol or drugs while operating a motor vehicle in a public place.

Our defense strategies focus on challenging the accuracy of field sobriety tests and blood or breath samples.

The Long-Term Impact of a Criminal Record

Many people believe that a misdemeanor is something they can just move past once they pay a fine or complete community service. But a misdemeanor conviction creates a permanent criminal record. A criminal record can prevent you from getting into certain colleges, securing a mortgage, or obtaining professional licenses from the Texas Board of Nursing or other state agencies.

If you are not a U.S. citizen, a criminal conviction can have devastating effects on your immigration status. Certain misdemeanors are considered crimes of moral turpitude, which can lead to deportation or the denial of a green card or citizenship application. We work to achieve the best possible outcome, which often involves seeking dismissal of the case or a reduction in charges to avoid these life-altering consequences.

Property Crimes and Misdemeanor Theft

Theft and property crimes are frequently prosecuted as misdemeanors in Houston. The severity of the charge usually depends on the value of the property involved. Under Texas Penal Code § 31.03, theft is a Class B misdemeanor if the value of the property is $100 or more but less than $750. It becomes a Class A misdemeanor if the value is $750 or more but less than $2,500.

A conviction for theft is often viewed as a “crime of dishonesty.” This label can be particularly damaging when you are applying for jobs in finance, retail, or any position that involves handling money. 

Assault and Family Violence Misdemeanors

Assault charges in Houston are serious legal matters. A simple push or a threat of violence can lead to a Class A misdemeanor assault charge. If the allegation involves a family member or someone you are dating, it is classified as “assault family violence.”

These charges carry specific penalties under Texas Family Code § 71.004. A conviction can result in a permanent loss of your right to possess a firearm. It can also be used against you in future family law proceedings, such as child custody disputes. Our Houston criminal defense attorneys understand the sensitive nature of these cases and provide a defense that respects the complexities of family dynamics while fighting the criminal charges.

Weapons Charges and Unlawful Carrying

Texas has expanded gun rights in recent years, but there are still many ways to face a misdemeanor weapons charge. For example, carrying a handgun while intoxicated or in certain prohibited locations can lead to a Class A misdemeanor. According to Texas Penal Code § 46.02, the unlawful carrying of weapons remains a serious concern for Houston residents.

A conviction can impact your ability to hold a license to carry or even possess a firearm in the future. We analyze the circumstances of the stop and whether the weapon was truly in plain view or discovered through an illegal search. Protecting your Second Amendment rights is part of our commitment to constitutional advocacy.

Trespassing and Criminal Mischief

Criminal trespass is a common Class B misdemeanor in Harris County. It involves entering or remaining on a property without the owner’s consent after receiving notice that entry was forbidden. Texas Penal Code § 30.05 defines the notice requirement, which can be a verbal warning, a sign, or purple paint marks on trees.

Similarly, criminal mischief involves intentionally damaging or destroying someone else’s property. The level of the misdemeanor depends on the dollar amount of the damage. We work to negotiate settlements or show that the damage was accidental rather than intentional, helping you avoid the severe penalties associated with a permanent record.

The Legal Process in Harris County Criminal Courts

Navigating the criminal justice system in Houston can be overwhelming. After an arrest, you will likely be given a court date. Failing to appear can result in an additional warrant and more severe penalties. 

During your first few appearances, your Houston misdemeanor lawyer will review the evidence provided by the state, a process known as the discovery phase, during which we look for weaknesses in the prosecution’s narrative. Our attorneys may negotiate a plea bargain and seek to reduce penalties, but we are always prepared to take a case to trial if it is in your best interest.

Contact the Charles Johnson Law Firm Today

The moments following an arrest are critical. The decisions you make now will impact your life for years to come. Do not leave your future to chance or wait until it is too late to build a defense. You need an aggressive legal team that understands the “warrior spirit” and is dedicated to protecting every Texan’s constitutional rights.

The Charles Johnson Law Firm of Houston, TX, is here to provide the client service you deserve. We offer high accessibility and a commitment to solving your problems every day. Whether you are facing a first-time misdemeanor or have a prior record in state and federal courts, we will fight for the best possible outcome in your case.

Don’t wait for the system to decide your fate. Take control of your situation and protect your future right now. Call the Charles Johnson Law Firm at (713) 561-5905 to speak with a qualified criminal defense attorney who will provide the aggressive representation you need. We are available 24/7 to answer your call and start working on your defense.