In Texas, misdemeanors are a type of criminal violation, and they are the state's least serious sort of misdemeanor.
What is a misdemeanor?
In general, Criminal acts are violations of statutes—written laws passed by municipal, state, or federal legislative bodies. A criminal statute usually designates a particular offense as either a misdemeanor or a felony.
The consequences connected with conviction are usually often used to determine whether a crime gets classified as a misdemeanor or felony:
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A misdemeanor is any offense with a potential fine of less than a specified amount (varies by state and offense). The possible prison term is less than specified (usually one year).
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A felony is defined as a crime with a sentence of incarceration longer than a misdemeanor or a higher potential fine.
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Misdemeanor sentences usually get served in city or county jails, and felony sentences typically get served in state or federal prisons.
Classifications of misdemeanors
Most criminal activities get classified as misdemeanors or felonies (though some lower offenses may be classified as "infractions").
Misdemeanors are usually classified according to their severity, with Class A, B, and C used in many states, including Texas. Some states define misdemeanors as Class 1, Class 2, or Class 3 instead of letter designations.
Penalties
The goal of classifying misdemeanors is to develop sanctions that are appropriate for the offense. For example, in a state that employs Class A, B, and C misdemeanors, Class C may be sentenced by no more than 90 days in jail, whereas a Class B misdemeanor may get punished by up to 180 days, and a Class A misdemeanor may be punished by up to a year in prison.
What’s all in class C of a misdemeanor?
Class C misdemeanor Texas is the least serious of all misdemeanors, generally requiring no jail time and only a little or non-existent penalties. Because a misdemeanor is a criminal charge, it’s essential to prove the following components in a Class C case:
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The prosecutor must prove mens rea, or "guilty mind," by demonstrating that the defendant had the required criminal intent. The majority of illegal activities necessitate intent, and a person can only be charged with a crime if they are negligent.
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The prosecution must prove that a criminal conduct, or actus reus, occurred. People cannot be held criminally accountable simply for considering engaging in a criminal action; they must do something to progress the crime.
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The prosecutor must show that the defendant had criminal intent and committed the crime beyond a reasonable doubt.
Common misdemeanor examples in Texas
Though there are variations by jurisdiction, common Class C misdemeanor Texas examples often include the following:
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Speeding, failing to use due caution, improper lane change, and refusal to stop at a traffic light or sign are the most common traffic infractions.
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Petty larceny - defined as the stealing of commodities worth less than a specified amount of money
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Possession of drug paraphernalia or possession of small quantities of certain banned drugs
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DUI Court Process / DWI Court Process
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Public intoxication
Should you consider challenging a class c offense?
You may believe that challenging a Class C misdemeanor Texas is pointless or a waste of time and money, especially if there is no risk of jail time. However, a conviction for a Class C might have severe consequences in many aspects of your life.
A potential employer, for example, may do a criminal background check to see the offense. Certain traffic violations can result in considerable increases in insurance premiums, as well as the loss of driving privileges, etc. Hence, it is wise not to take Class C offenses lightly.
To Conclude:
Even though Class C Misdemeanor is not the most serious offense of all, you may want to retain the services of an expert attorney who can help you either have the charges dismissed against you or have your record completely wiped.
They can not only advise you on your legal rights and obligations, but they can also guarantee that you are aware of all possible implications before entering a plea, guilty plea, or No Contest. Get in touch with an experienced criminal defense attorney at Bailey & Galyen, to see if you qualify to have your records sealed.
