Misdemeanor Defense in McAllen

Texas Misdemeanor Classes & Maximum Penalties

Section 12.03 of the Texas Penal Code divides misdemeanors into three classifications. Each classification carries a different maximum criminal fine and potential term of incarceration.

The maximum statutory penalties are:

• Class A misdemeanor: Texas Penal Code § 12.21 authorizes up to one year in county jail, a fine of up to $4,000, or both.
• Class B misdemeanor: Texas Penal Code § 12.22 authorizes up to 180 days in county jail, a fine of up to $2,000, or both.
• Class C offense: Texas Penal Code § 12.23 authorizes a fine of up to $500 and no jail sentence.

The central distinction is that a fine-only Class C charge carries no possible jail time, while the two higher classifications permit incarceration as well as fines. We review the precise charge and its classification before advising a client about defense decisions.

Where McAllen Misdemeanor Cases Are Heard

Court jurisdiction generally depends on the classification and where the alleged offense arose. Fine-only charges arising within McAllen city limits are heard in McAllen Municipal Court. That court has limited jurisdiction and doesn’t handle charges carrying potential jail time.

A fine-only misdemeanor may also be heard in a justice of the peace court. Because that classification doesn’t authorize incarceration, the person charged doesn’t have a right to a court-appointed attorney. The potential for a criminal record can still make informed defense planning important.

Cases in the two jail-eligible misdemeanor classifications arising in McAllen or elsewhere in Hidalgo County are filed in the Hidalgo County Courts at Law. We represent clients through pre-trial hearings and can proceed to a jury trial when the case requires it.

How a Misdemeanor Can Affect Your Criminal Record

A misdemeanor conviction can create continuing criminal-record consequences. The initial charge, the disposition, and a conviction aren’t interchangeable terms. A disposition is how the case is ultimately resolved, while a conviction is one possible disposition.

Any review of potential record relief must account for the specific charge and final disposition. Eligibility isn’t determined solely by whether the original allegation was labeled a misdemeanor. We examine the individual case record rather than assuming every misdemeanor classification is treated the same way.