People often consider calling a defense lawyer after they’ve been charged with a felony. Yet it’s just as important to speak with a defense attorney if you’ve been charged with a Class A misdemeanor in Texas. These kinds of cases can have a lasting impact on your life and future ability to earn a living.
If you need to consult a defense lawyer for misdemeanor charges in Georgetown, TX, Todd Ver Weire is here to help. He has more than 30 years of legal experience, which includes a background as an Assistant Prosecutor and Prosecuting Attorney.
Below, we’ve provided information about Class A misdemeanors in Texas, examples of Class A misdemeanors, and why you need a criminal justice lawyer to fight these charges. If you or a family member, or friend, needs legal representation, contact our criminal defense law firm today. You can also reach our Williamson County law office by phone at (512) 368-7202.
Class A Misdemeanors in Texas Defined
Class A misdemeanors are the most serious misdemeanor charges in the state of Texas. While not as serious as felonies, someone charged with a Class A misdemeanor could be charged with a felony if they have previous criminal offenses on their record or if certain aggravating factors were present at the time of the alleged incident.
Legal Penalties for a Class A Misdemeanor
The Texas Penal Code lays out the penalties for a Class A misdemeanor in the state. If you are convicted of a Class A misdemeanor, you will be punished by:
- A fine not to exceed $4,000;
- Confinement in jail for a term not to exceed one year; or
- Both such fine and confinement
Aggravating Factors in Class A Misdemeanor Cases
These penalties for a Class A misdemeanor may be modified under certain circumstances, depending on the nature of the case. The judge ultimately has discretion when it comes to sentencing.
For example, Texas Penal Code § 12.49 notes that in situations where a controlled substance was used to commit a Class A misdemeanor offense, think drugging someone to steal something, the minimum term of confinement is increased to 180 days.
Common aggravating factors for criminal penalties include:
- Repeat offenses
- The vulnerability of the victim
- If the accused led others in committing a crime
- If the crime in question was a hate crime
Will I Go to Jail for a Class A Misdemeanor?
Not necessarily. Again, judges use their discretion when handing down sentences. You may be deemed eligible for house arrest or community supervision/probation, though it depends on your charges.
Mitigating Factors in Class A Misdemeanor Cases
The judge may consider various mitigating factors in a Class A misdemeanor case as they determine fines and jail time. A judge may show more leniency if:
- This is the defendant’s first offense
- The alleged offense did not cause serious harm
- The defendant has a difficult personal story (e.g., a history of substance abuse or complex PTSD)
- The defendant expresses regret or remorse over what happened
- There were unusual circumstances involved
Todd Ver Weire can discuss potential penalties for your Class A misdemeanor charge as well as different methods of getting the charges against you reduced or dismissed. He has years of experience identifying weaknesses in the state’s case and building defense strategies around a defendant’s compelling personal story.
Examples of Class A Misdemeanors in Texas
Below are some examples of crimes that result in a Class A misdemeanor charge. Georgetown defense attorney Todd Ver Weire has helped many clients throughout Williamson County who’ve been arrested for these offenses.
Driving While Intoxicated (DWI), Second Offense or High BAC
While a first offense DWI is typically a Class B misdemeanor, a second DWI arrest in Texas is considered a Class A misdemeanor. You can also be charged with a Class A DWI for a first offense if your blood alcohol concentration (BAC) is .15 or higher.
As your DWI defense attorney, Todd Ver Weire can review options to help get these charges dropped or reduced.
Possession of Certain Controlled Substances
Drug possession and distribution can land you a Class A misdemeanor charge depending on the type of drug and the type of offense.
Class A misdemeanor marijuana charges include possession of 2 to 4 ounces of cannabis, the sale of up to 7 grams of marijuana, and the sale of any marijuana paraphernalia. (You will face felony charges if you distribute marijuana to a minor.)
As for drug and narcotics crimes, you can be charged with a Class A misdemeanor for possession of less than 28 grams of a Penalty Group 3 controlled substance, which includes:
- Anabolic steroids
- Xanax
- Lorazepam
- Valium
- Ritalin
- Ativan
Assault Causing Bodily Injury
Assault causing bodily injury means that someone intentionally, knowingly, or recklessly caused physical harm to another person. This is usually a Class A misdemeanor.
We should point out that assault charges vary greatly depending on the person you are accused of injuring. For example, if you are accused of causing bodily injury to a pregnant woman, your assault will be charged as a felony in the third degree instead of a Class A misdemeanor.
Domestic Violence
A first-offense domestic violence charge is a Class A misdemeanor in Texas. You can also be charged with a Class A misdemeanor if you are accused of violating a protective order from a spouse, partner, or ex. Multiple arrests for domestic abuse can result in felony charges, as will certain types of aggravated assault against a member of the household.
If you’re facing domestic violence and abuse charges, defense attorney Todd Ver Weire will listen carefully and advocate for your rights without any judgment or stigma.
Theft of Goods Valued $750-$2,500
There are different kinds of theft in the state of Texas, and charges will vary depending on the value of the goods that were taken. You can be charged with a Class A misdemeanor if the value of the goods you allegedly stole is between $750 and $2,500.
A subsequent theft arrest could lead to a much more serious felony charge, even if the value of the goods is far less than $750.
Burglary of a Vehicle
Texas Penal Code § 30.04 defines burglary of a motor vehicle as any intrusion into a vehicle with the intent to commit any type of theft or felony. A first offense is considered a Class A misdemeanor.
Resisting Arrest or Evading Arrest
If you attempt to resist arrest or evade arrest on foot in the state of Texas, you will be charged with a Class A misdemeanor. You can be charged with a felony if you resist arrest using a weapon, or if you injure someone as you attempt to flee from an officer.
Collateral Consequences of a Class A Misdemeanor Conviction
A misdemeanor conviction often means more than jail time and a fine. A Class A misdemeanor can have lasting effects on your reputation, professional goals, and personal life. These are known as collateral consequences.
- Challenges Seeking Employment: If a potential employer sees a Class A misdemeanor conviction on your criminal record, they may choose another candidate for a position, even if you are qualified and a better fit for the role.
- Difficulties with Housing: Landlords may be reluctant to rent to you because of your Class A misdemeanor conviction. You may have to accept a less-than-ideal housing situation because of an event in your past.
- Challenges in Higher Education: A Class A misdemeanor conviction can make college admissions more difficult. You may also face hurdles while applying for financial aid for school.
- Impact on Parenting: If you are a divorced parent, a Class A misdemeanor conviction can alter your existing child custody arrangement. You may lose quality time with your kids or require supervised visitations.
- Suspension of Licenses: A Class A misdemeanor conviction could result in the suspension of your driver’s license, various professional licenses (e.g., teaching certificate or nursing license), and your concealed handgun license.
- Effect on Immigration Status: A Class A misdemeanor conviction can potentially affect your status if you have a green card or work visa. Depending on your current situation, you might even face the risk of deportation.
Why You Need a Criminal Defense Lawyer for a Class A Misdemeanor Charge
You can see how a mistake, a bad decision, or a lapse in judgment can affect your future. Don’t take on the state of Texas alone. You need a Georgetown, TX criminal defense lawyer like Todd Ver Weire on your side.
When working on your case, a skilled defense attorney can identify various ways to get your Class A misdemeanor charges dropped or reduced. Potential strategies might include:
- Citing a Lack of Evidence: A defense attorney may note that there is insufficient evidence to prosecute a defendant. Just because probable cause may exist, it does NOT mean that the State can prove the allegation beyond a reasonable doubt.
- Pretrial Diversion (PTD): Different supervised pretrial diversion options can help avoid prosecution and allow a Class A misdemeanor charge to be dismissed. Williamson County has various diversion and treatment court programs that can lead to the dismissal and expunction of your charge.
- Plea Bargain: By noting the details of your case and your situation, an experienced misdemeanor defense lawyer could negotiate for a lesser charge.
How Defense Attorney Todd Ver Weire Can Help You
Defense attorney Todd Ver Weire is a sharp and detail-oriented lawyer. While attending the U.S. Military Academy (West Point), he learned how to show grace under fire while focusing on the who, what, when, where, why, and how of various situations.
Todd will not be intimidated by Texas prosecutors and will build a strong case that centers on the facts of what happened and your unique situation at the time of the alleged incident.
- He Will Offer Strong Legal Representation Without Judgment: It doesn’t matter what crime you’ve been accused of. Todd believes that you are entitled to a robust legal defense. He will provide counsel and advice without any personal judgment or derision, and he will make sure you receive a sound defense against Texas prosecutors.
- He Will Focus on the Unique Aspects of Your Case: Earlier in Todd’s career, he served as an Assistant Prosecutor, City Attorney, and Prosecuting Attorney in Arkansas. He learned how many prosecutors approach cases like they are a hammer and that each defendant is a nail. Todd takes time to focus on the unique details of each case so you aren’t just hammered down by the system.
- He Will Consider All Options to Get Your Charges Dropped or Reduced: Todd will do everything within his power and the tools provided by the state of Texas to get your Class A misdemeanor dropped or reduced. He will exhaust all options because he understands that your reputation, your family, and your future are on the line.
An Empathetic Advocate for Defendants with Mental Health Conditions
Todd’s built a reputation as an extremely empathic criminal justice attorney among social workers and his legal colleagues. Attorneys and other legal professionals throughout Williamson County ask Todd for advice on complicated criminal defense cases. This includes cases that involve the mental health of the accused.
Todd understands different mental health diagnoses and that certain psychological conditions can affect a person’s conduct and general mental state. In these situations, fines and incarceration may not be appropriate for the defendant. Instead, it may be more just for the accused to undergo professional counseling or treatment for substance abuse. This offers a chance for rehabilitation rather than punishment.
Advocacy for Veterans and People Struggling with Addiction
Todd serves as defense counsel for the Williamson County Veterans Treatment Court (WCVTC) and the Williamson County DWI/Drug Court (DDCP). He regularly attends training sessions so he understands how to use the treatment tools in those settings and how to best meet the needs of clients who can benefit from treatment in pretrial diversion programs.
Contact Our Criminal Defense Law Firm in Georgetown, TX
If you’ve been charged with a Class A misdemeanor, do not delay. It’s in your best interests to speak with Todd Ver Weire as soon as possible. He can let you know your best options based on the charges against you. To request a consultation with an experienced and compassionate defense lawyer in Georgetown, TX, contact our criminal defense law firm today. You can also reach us by phone at (512) 368-7202.