What is a Class B Misdemeanor in Texas?
A Class B misdemeanor in Texas is an offense that is punishable by up to six months in jail. An enhanced Class B misdemeanor based on a prior Class B or higher conviction is punishable by confinement from 30 days up to 180 days in jail.
Misdemeanor Punishment Ranges in Texas
|Class B||$0-2,000||0-180 days|
|Class B Enhanced||$0-2,000||30-180 days|
|Class A||$0-4,000||0-1 year|
|Class A Enhanced||$0-4,000||90-1 year|
Class B Misdemeanors in Texas
Common Class B misdemeanors include:
Driving While Intoxicated-Open Container
Probation for Class B Misdemeanors
Probation and deferred adjudication may be options for individuals charged with a Class B misdemeanor. Deferred adjudication is not available for certain Class B misdemeanors, such as Driving While Intoxicated.
There are occasionally diversion programs available for individuals charged with Class A misdemeanors. Additionally, there are some cases where we can negotiate a dismissal of the charges, and there are certainly cases where we’ve gone to trial to secure acquittals for our clients.
Penal Code Section 12.22
Class B Misdemeanor
An individual adjudged guilty of a Class B misdemeanor shall 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.
Enhanced Class B Misdemeanors
A Class B misdemeanor can be enhanced with a prior Class B or higher conviction. An enhanced Class B misdemeanor is punishable by a minimum of 30 days to a maximum of 180 days in county jail.
Statute of Limitations for Class B Misdemeanors
The statute of limitations for a Class B Misdemeanor is two years in Texas. If you believe an offense may be barred by the passage of time, contact one of our attorneys immediately. There are a number of ways the statute of limitations may have been tolled.
Collateral Consequences of a Class B Misdemeanor Conviction in Texas
If you are convicted of a Class B misdemeanor in Texas, you will be prohibited from having a License to Carry for a period of five years. Certain Class B misdemeanors may affect your ability to have custody of your children. Similarly convictions for crimes of moral turpitude – such as theft – may make you ineligible to vote, sit on a jury, and will hinder your ability to get a job. A conviction for a Class B amount of marijuana will result in a driver license suspension of up to one year.
If you have been charged with a misdemeanor in north Texas, contact our attorneys at (817) 203-2220 or online: