You may think that a Class B misdemeanor isn’t that bad. It’s not a felony, after all, and there are more severe punishments for Class A misdemeanors. Yet a misdemeanor on your criminal record can have a lasting impact on your career and other plans for the future.
Todd Ver Weire is here to help people in Georgetown, TX in need of a defense lawyer for misdemeanor charges. He’s assisted countless people throughout Williamson County in getting their charges dropped or reduced.
Below, we’ve provided information about Class B misdemeanors in Texas, examples of Class B misdemeanors, and why you need a criminal defense attorney to fight these kinds of charges. If you, a family member, or a friend needs legal counsel, contact our criminal defense law firm today. You can also get sound legal representation by calling our law office at (512) 368-7202.
Class B Misdemeanors in Texas Defined
Class B misdemeanors cover different kinds of crimes in the state of Texas. While these offenses are not as serious as Class A misdemeanors or felonies, penalties for Class B misdemeanors could be more severe if a person has previous criminal offenses on their record or certain aggravating factors were present at the time of the alleged incident.
Legal Penalties for a Class B Misdemeanor
Title 3, Chapter 12 of the Texas Penal Code lays out the penalties for a Class B misdemeanor in the state. If you are convicted of a Class B misdemeanor, you will be punished by:
- A fine not to exceed $2,000;
- Confinement in jail for a term not to exceed 180 days; or
- Both such fine and confinement
Aggravating Factors in Class B Misdemeanor Cases
These penalties may be increased under certain circumstances, though it depends on the details of the case. The judge ultimately has discretion when it comes to sentencing.
For example, Texas Penal Code § 12.49 notes that when a controlled substance is used to commit a crime that would be considered a Class B misdemeanor, offenders will face penalties associated with a Class A misdemeanor instead.
Common aggravating factors for criminal penalties include:
- Repeat offenses
- The relative vulnerability of the victim
- If the accused led others in a criminal act
- If the alleged crime is considered a hate crime
Will I Go to Jail for a Class B Misdemeanor?
Not necessarily. The judge will use his or her discretion when determining your sentence. Depending on your charges, you might be eligible for house arrest or community supervision/probation instead of serving jail time.
Mitigating Factors in Class B Misdemeanor Cases
Mitigating factors can lead to more lenient penalties in a Class B misdemeanor case. Some possible mitigating factors that judges consider include:
- A first-time offense/lack of prior criminal record
- The alleged offense did not cause serious harm
- The defendant has a difficult personal history (e.g., drug or alcohol dependency, mental health issues)
- The defendant expresses remorse for their actions
- The case involves unusual circumstances
Todd Ver Weire can discuss the potential for jail time over your Class B misdemeanor charge. He can also outline potential options to get the misdemeanor charges against you dropped or reduced.
Examples of Class B Misdemeanors in Texas
Below are some examples of crimes that result in a Class B misdemeanor charge. Georgetown defense lawyer Todd Ver Weire has helped many people who’ve been arrested for these offenses in Williamson County.
First-Offense Driving While Intoxicated (DWI)
An initial DWI offense is a Class B misdemeanor. However, you can be charged with a Class A misdemeanor or felony for intoxicated driving if:
- You have a previous DWI conviction
- There is a child passenger in the vehicle at the time of arrest
- Your blood alcohol concentration (BAC) is .15 or higher
- You cause a serious injury or death while you are intoxicated
No matter the severity of your charges, hiring Todd Ver Weire as your DWI defense lawyer means you will receive robust legal representation against the state of Texas.
Marijuana Possession
Marijuana is still illegal for recreational use in Texas despite being legal in some neighboring states. Marijuana charges can be misdemeanors or felonies, though this depends on the type of cannabis and the amount in question.
If you are found in possession of up to 2 ounces of marijuana, this is a Class B misdemeanor in Texas. You can also be charged with a Class B misdemeanor for distributing up to 7 grams of marijuana without payment; if you are paid for the sale of 7 grams of marijuana, this is a Class A misdemeanor.
We should note that the distribution of any amount of marijuana to a minor is a third-degree felony.
Criminal Trespass
According to Texas Penal Code § 30.05, criminal trespass is when a person enters or remains on someone else’s property without consent. This act, on its own, is a Class B misdemeanor. However, you can be charged with a Class A misdemeanor if you trespass at a college, inside someone’s home, or if you wield a deadly weapon while trespassing.
Criminal Mischief
Criminal mischief refers to intentional damage to or tampering with another person’s property without the owner’s consent. Criminal mischief is a Class B misdemeanor if the cost of the damaged or destroyed property is between $100 and $750. You can be charged with a Class A misdemeanor or felony if the pecuniary loss is more extensive.
Theft of Goods Valued $100-$750
Texas has unique penalties based on the type of theft committed and the cost of the goods that were taken. Similar to criminal mischief, you can be charged with a Class B misdemeanor if the cost of goods allegedly stolen is between $100 and $750.
Keep in mind that a subsequent theft arrest could lead to a much more serious charge, even if it involves a minor shoplifting arrest.
Indecent Exposure
Intentionally exposing oneself to others in Texas is a Class B misdemeanor. Repeat arrests for indecent exposure may result in more serious penalties and possibly even registration as a sex offender.
Prostitution/Selling Sex
A first offense of prostitution in the state of Texas is considered a Class B misdemeanor. Multiple offenses of prostitution can result in Class A misdemeanor or felony charges.
While engaging in prostitution is considered a Class B misdemeanor for first-time offenders, we should point out that there are harsher penalties for soliciting a sex worker. Solicitation of a prostitute is a felony offense in Texas, even for first-time offenders.
Collateral Consequences of a Class B Misdemeanor Conviction
A misdemeanor conviction may lead to more than just a fine and jail time. Even if you feel a Class B misdemeanor is not that serious a crime, any conviction on your criminal record can have long-term effects on your personal and professional life. These issues are known as collateral consequences.
- Issues Finding Employment: A misdemeanor conviction on your criminal record might be a red flag for some employers. You could be passed up for another candidate even if you are more experienced, better qualified, and a good fit for the role. This can have a major impact on your career goals and future income.
- Problems with Housing: Landlords might be hesitant to rent to someone who has a criminal record. You may have to settle for less-than-ideal housing because of a Class B misdemeanor in your past.
- Challenges in Higher Education: A Class B misdemeanor conviction could make it more difficult to get into college. You may also face obstacles while seeking financial aid for school.
- Difficult Family Dynamics: If you are a divorced parent, a Class B misdemeanor conviction might affect your current child custody arrangement. It could lead to supervised visitations or less interaction and time with your child or children.
- Suspension of Licenses: A Class B misdemeanor conviction may mean the suspension of your driver’s license, various professional licenses (e.g., teaching certificate, nursing license, CDL), and your gun license.
- Effect on Immigration Status: A Class B misdemeanor conviction can potentially affect your status if you have a work visa or green card. Depending on your situation, you might even face deportation.
Why You Need a Criminal Defense Lawyer for a Class B Misdemeanor Charge
You can see how your future is at stake, even with a relatively minor criminal offense. This is why you need Georgetown criminal justice attorney Todd Ver Weire as your legal representation against the state of Texas.
Your criminal defense lawyer will identify different ways to get your Class B misdemeanor charges dismissed or reduced to a lesser charge. Defense strategies might include:
- Citing a Lack of Evidence: A defense lawyer could point out that the prosecution has insufficient evidence against the defendant. Just because probable cause exists does NOT mean that the state can prove the allegation beyond a reasonable doubt.
- Pretrial Diversion (PTD): Different PTD options can help you avoid prosecution through a supervised program and allow a Class B misdemeanor to be dismissed. Williamson County has several diversion and treatment court programs that can help lead to a dismissal and expunction of your charges.
- Plea Bargain: An experienced misdemeanor defense attorney can note special circumstances in your case that may help in negotiating for a lesser charge.
How Defense Attorney Todd Ver Weire Can Help You
With more than 30 years of legal experience, defense attorney Todd Ver Weire has built a reputation for strong, detail-oriented counsel. While attending the U.S. Military Academy (West Point), he learned how to show grace under fire while zeroing in on the who, what, when, where, why, and how of every situation.
Todd won’t be intimidated by the state’s case against you, and he will build a strong defense strategy that centers on the facts and your unique story.
- He Will Offer Strong Legal Representation Without Judgment: No matter what charges you’re facing, Todd will provide a strong legal defense without any judgment or condescension. He cares about his clients and wants to ensure fairness when the system seems stacked against them.
- He Will Focus on the Unique Aspects of Your Case: Earlier in Todd’s legal career, he served as an Assistant Prosecutor, City Attorney, and Prosecuting Attorney in Arkansas. He saw how prosecutors approach cases like they are a hammer and every defendant is a nail. Todd takes time to focus on the unique details of your case so you aren’t hammered down by the system.
- He Will Consider All Options to Get Your Charges Dropped or Reduced: There are many tools available to help mitigate penalties and even get cases dismissed. Todd will do everything in his power to fight for the best possible outcomes for his clients.
Compassionate Legal Defense for Those Struggling with Mental Health
Todd has established himself as an extremely compassionate and empathetic defense advocate among social workers and colleagues. Many legal professionals throughout Williamson County reach out to Todd for advice on complex criminal justice cases. This includes cases that center on the mental health of the accused.
Todd knows that psychological conditions can affect a person’s conduct and mental state. In these situations, a fine and jail time may not be suitable for the defendant. Instead, the defendant may benefit from professional counseling or treatment for substance abuse. This can give a defendant a second chance while providing much-needed help.
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 attends regular training sessions so he knows how to use the treatment tools in those settings and how to best meet the needs of clients who can benefit from PTD programs.
Contact Our Criminal Defense Law Firm in Georgetown, TX
Have you been charged with a Class B misdemeanor? It’s in your best interests to speak with Todd Ver Weire ASAP. During a consultation, he will let you know what steps to take next based on the charges against you. To request a consultation with a strong yet empathetic defense attorney in Georgetown, TX, contact our criminal defense law firm today. You can also reach our law office by phone at (512) 368-7202.