Class C Misdemeanor Texas: Penalties and Options

A Class C Misdemeanor is considered a minor offense compared to other criminal offenses in Texas. However, it is still a criminal offense and can result in a permanent record if convicted. These misdemeanors normally include minor theft, disorderly conduct and public intoxication. While a Class C misdemeanor may seem minor, a conviction can still affect your record so it’s important to know your rights and options.

At The Law Office of Rolando Cantu we can guide you through the process and help minimize the consequences of a Class C misdemeanor. Contact our McAllen criminal defense attorney today for a free consultation.

• What is a Class C Misdemeanor?
  
• Examples of Class C Misdemeanors
  
• Class C Misdemeanor Process
  
• Citation or Arrest
  
• Court
  
• Consequences of a Conviction
  
• What to Do If You’re Charged with a Class C Misdemeanor
  
• Defenses to Class C Misdemeanor Charges
  
• Enhancements and Consequences for Multiple Offenses
  
• Can You Go to Jail for a Class C Misdemeanor?
  
• Probation and Deferred Adjudication for Class C Misdemeanors
  
• Expungement for Class C Misdemeanors
  
• How a Class C Misdemeanor Affects Your Record
  
• Why Hire a Defense Attorney?
  
• Call the Law Office of Rolando Cantu

What is a Class C Misdemeanor?

In Texas a Class C misdemeanor is the lowest level of criminal offense and is only punishable by fine with no jail time. A Class C misdemeanor in Texas is punishable by fine only up to $500 with no jail time. Unlike Class A or B misdemeanors which can result in jail time, Class C misdemeanors are considered minor offenses. But multiple convictions or certain aggravating factors can increase the penalty.

Examples of Class C Misdemeanors

Some Class C misdemeanors in Texas:

• Theft of property less than $100
  
• Public intoxication
  
• Simple assault (no injury)
  
• Disorderly conduct/Criminal Trespassing
  
• Minor in possession of alcohol or tobacco
  
• Possession of drug paraphernalia (no drugs)

While these may seem minor they can still result in fines and a permanent criminal record if convicted.

Class C Misdemeanor Process

Citation or Arrest

In many cases a person charged with a Class C misdemeanor will receive a citation instead of being arrested. This means you’ll usually avoid jail sentence unless you fail to appear in court or pay your fine. Offenses like traffic violations or public intoxication may result in an arrest if other factors are involved like multiple offenses or failure to pay fines from previous tickets.

Court

Upon receiving a citation you will be required to appear in either a municipal court or a justice of the peace court. If you pay the fine this usually resolves the case but paying the fine means you are admitting to the charge and it will remain on your criminal record. If you want to fight the charge you must appear in court and plead not guilty.


In some cases the court may allow deferred adjudication which means your case can be dismissed after you complete certain conditions like community service or attend a class. This is a good option for first time offenders who want to keep their record clean.

Consequences of a Conviction

While a Class C misdemeanor has no jail time a conviction can still have long term consequences:

• Fines: The maximum fine for a Class C misdemeanor is $500 but multiple convictions can increase the penalty.
• Criminal Record: A conviction will be on your record which can impact employment, housing and education opportunities.
• Increased Penalties for Multiple Offenses: If you are convicted of certain Class C offenses within a short period of time or if you have any prior offense you could face increased penalties including higher fines and jail time.

Related: If Charges Are Dropped, Is It Still on Your Record?

What to Do If You’re Charged with a Class C Misdemeanor

If you’re facing a Class C misdemeanor charge in Texas don’t underestimate the importance of knowing your rights. The state must prove beyond a reasonable doubt that you committed the offense. This high standard of proof can work in your favor, especially with the help of a good defense attorney.

Defenses to Class C Misdemeanor Charges

Even for minor offenses, you can defend yourself in court. Some common defenses:

• Mistaken Identity: You may not have been the person who committed the offense.
  
• Lack of Intent: Some misdemeanors require intent and proving a lack of intent can get the charge dismissed.
  
• Procedural Errors: If law enforcement didn’t follow procedure your charges could be reduced or dismissed.

Enhancements and Consequences for Multiple Offenses

While Class C misdemeanors are usually just fines, multiple convictions or certain circumstances can increase the penalty. For example:

• Multiple Public Intoxication or Disorderly Conduct Convictions: If you’ve been convicted of these offenses three times within a two year period your misdemeanor could be enhanced to a Class B misdemeanor which means jail time and higher fines.
  
• Offenses Committed Due to Prejudice or Bias: Crimes committed due to bias or prejudice can also result in enhanced penalties including jail time and higher fines.

Can You Go to Jail for a Class C Misdemeanor?

A Class C misdemeanor doesn’t carry jail time but failing to pay fines or not appearing in court can get you a warrant for arrest. In some cases the judge may also sentence you to jail if they believe you’re willfully avoiding paying your fines.

Probation and Deferred Adjudication for Class C Misdemeanors

In some cases you may be eligible for deferred adjudication or probation which means you can avoid a formal conviction. Under deferred adjudication you will have to comply with certain conditions such as:

• Completing community service
  
• Attending alcohol or drug education classes
  
• Paying restitution (if applicable)

If you complete deferred adjudication the charges will be dismissed and your record will be clean.

Expungement for Class C Misdemeanors

If you’ve been convicted of a Class C misdemeanor you may be eligible for expungement. Expungement removes the offense from your record so it won’t show up on background checks. To be eligible for expungement you must meet certain requirements including time since conviction and no further criminal activity.


A good attorney can help you through the expungement process and make sure all the necessary documents are filed with the court.

How a Class C Misdemeanor Affects Your Record

Even though a Class C misdemeanor is a low level offense it can still affect your life in many ways:

• Employment: Employers run background checks and even a minor offense can hurt your job prospects.
• Housing: Landlords may not rent to people with criminal records.
• Education: Colleges and universities may deny admission or financial aid to people with a criminal record.
• Professional Licenses: Some professions require a clean record and a misdemeanor conviction can jeopardize your ability to get or keep your license.

Related: How Far Back Do Criminal Background Checks Go in Texas

Why Hire a Defense Attorney?

While it may be tempting to handle a Class C misdemeanor on your own, having a defense attorney can make a big difference in your case. A good lawyer can:

• Explain the charges against you
  
• Find defenses and mitigation strategies
  
• Negotiate with prosecutors to reduce or dismiss charges
  
• Explore deferred adjudication options
  
• Expunge a Class C misdemeanor conviction

At The Law Office of Rolando Cantu we know how a minor offense can disrupt your life. Our team will protect your rights and get you the best possible result. If you have a Class C misdemeanor in Texas call us today for a free consultation.

Call the Law Office of Rolando Cantu

A Class C misdemeanor in Texas may be a small offense but it can have long term effects. With the right lawyer you can protect your rights, avoid the consequences and in some cases get your record clean. Don’t go it alone, call The Law Office of Rolando Cantu today.



You’ve been charged with a Class C misdemeanor in Texas you need a lawyer on your side. At The Law Office of Rolando Cantu our McAllen criminal defense attorneys will protect your rights, minimize the damage and get you moving forward. Whether it’s negotiating a good outcome for criminal offenses or expungement we can help.

Call today for a free consultation to talk about your case and your options.