Misdemeanor Defense

Abilene Misdemeanor Defense Attorneys

Many people assume misdemeanors are merely minor setbacks that are resolved with a fine. Texas law tells a different story. Prosecutors treat misdemeanor offenses seriously, pushing for convictions, jail, costly fines, and a permanent criminal record that follows you for life. If the authorities charge you with a misdemeanor, contact an Abilene misdemeanor defense attorney at Barrett Legal PLLC immediately.

Roughly one-third of Americans have a criminal record, including an arrest or conviction. The single most critical step you can take after an arrest is securing aggressive legal representation. At Barrett Legal PLLC, we bring an assertive, serious mindset to the courtroom because we know what is at stake: your reputation, your job, and your freedom.

Don’t let a misdemeanor charge ruin your future. Contact an Abilene misdemeanor defense lawyer at Barrett Legal PLLC at 325-241-2868 to learn more and discuss your case with our team of legal professionals.

Texas Misdemeanor Classes and Potential Penalties

Texas law classifies crimes as misdemeanors and felonies. Felonies are serious crimes, but misdemeanor convictions may also carry severe penalties. Texas classifies misdemeanors into three levels based on the severity of the alleged violation: Class A, Class B, and Class C:

Class A Misdemeanors

Class A offenses are the most serious misdemeanors. A conviction for a Class A misdemeanor may be penalized with up to one year in county jail, a fine not exceeding $4,000, or both. Class A misdemeanor charges in Texas include:

  1. Assault causing bodily injury
  2. Second-offense driving while intoxicated (DWI)
  3. Unlawful carrying of a weapon
  4. Resisting arrest

Class B Misdemeanors

A Class B misdemeanor conviction may result in up to 180 days in county jail and a fine of up to $2,000. Common Class B misdemeanor charges include:

  1. First-offense DWI with a blood alcohol concentration under 0.15%
  2. Possession of marijuana under two ounces
  3. Criminal trespass
  4. Terroristic threats

Class C Misdemeanors

Class C misdemeanors are the least severe offense level under Texas law. A conviction carries no jail time and a maximum fine of $500. Typical Class C misdemeanor charges involve:

  1. Public intoxication
  2. Disorderly conduct
  3. Possession of drug paraphernalia
  4. Traffic tickets and minor property offenses under $100

A Class C misdemeanor conviction will create a permanent mark on your record if you simply pay the fine without a legal defense. Pleading guilty or paying a fine registers a final conviction that employers and landlords can see.

Misdemeanor Cases We Handle

The defense attorneys at Barrett Legal PLLC advise and represent defendants facing misdemeanor charges in Taylor County. We handle these cases aggressively and effectively, with personal attention and dedication:

Driving While Intoxicated (DWI) Defense

A first DWI offense in Texas is typically a Class B misdemeanor. Still, if a defendant measured a blood alcohol concentration (BAC) level of 0.15% or higher, Texas state law elevates the charge to a Class A misdemeanor. Having an open container in the vehicle during the arrest brings a mandatory minimum jail sentence of six days.

A DWI arrest triggers two separate legal battles: the criminal proceeding in court and an Administrative License Revocation (ALR) hearing regarding your driver’s license. You have exactly 15 days from the date of your arrest notice to request an ALR hearing to challenge your driver’s license suspension.

At Barrett Legal PLLC, an Abilene misdemeanor defense attorney can scrutinize the steps law enforcement officers took during your traffic stop and arrest. We review squad car video recordings and breathalyzer calibration logs to challenge the prosecution’s case.

Drug Charges and Possession Offenses

Drug charges in Texas include misdemeanors as well as serious felony charges. Misdemeanor cases usually focus on the possession of small quantities of controlled substances. Under state law, possessing less than two ounces of marijuana is still a Class B misdemeanor, while possessing drug paraphernalia constitutes a Class C misdemeanor.

Police officers must follow strict legal procedures when stopping individuals or searching vehicles. If the police searched your vehicle without a valid warrant or probable cause, an Abilene misdemeanor defense lawyer can submit a motion to the court to suppress that evidence. Eliminating illegally obtained evidence can leave the prosecutor with insufficient evidence to proceed, resulting in a dismissal.

Assault and Domestic Violence Charges

An accusation of assault or domestic violence carries considerable social stigma with severe penalties for a conviction. Under Texas state law, a basic assault that intentionally causes bodily injury to another person is a Class A misdemeanor.

When police officers in this state respond to a domestic disturbance call, their departmental policies frequently dictate arresting someone on the scene regardless of whether the physical evidence supports the claim.

A domestic violence conviction takes away your right to own firearms and prevents the future expungement of your criminal record. Barrett Legal PLLC investigates domestic violence cases thoroughly. We review the parties’ emails and texts, examine the physical evidence, and offer effective defense strategies.

Misdemeanor Theft and Property Crimes

Theft charges in Texas are categorized by the value of the property involved:

  1. The theft of property valued below $100 is a Class C misdemeanor.
  2. The theft of property valued between $100 and $750 is a Class B misdemeanor.
  3. The theft of property valued from $750 to $2,500 is a Class A misdemeanor.

Shoplifting, vandalism, and criminal trespass accusations can destroy professional credibility. Employers view theft convictions as crimes of moral turpitude, making it difficult for individuals with such convictions to pass pre-employment background checks. Barrett Legal PLLC fights theft allegations by challenging the owner’s valuation claims, proving a lack of intent, or demonstrating you had a lawful claim to the property.

The Legal Process in Taylor County Courts

At Barrett Legal PLLC, our knowledge of the local courts gives our clients a distinct edge when building a defense. The specific court handling your misdemeanor case depends on the charge:

  1. Taylor County Courts at Law: Class A and Class B misdemeanor charges are filed in Taylor County Court at Law #1 or #2. Both courts are located at the Taylor County Courthouse, 300 Oak Street, in downtown Abilene.
  2. Abilene Municipal Court: Class C misdemeanor citations issued by Abilene police officers are processed at the Abilene Municipal Court, 555 Walnut Street.
  3. Justice of the Peace Courts: Class C citations issued by Taylor County Sheriff’s deputies or Texas Department of Public Safety troopers in rural areas are heard in local Justice of the Peace precincts.

Key Milestones in a Misdemeanor Case

Every criminal case moves through these phases:

  1. Following an arrest in Abilene, police officers take you to the Taylor County Jail, and a magistrate sets your bail amount.
  2. You appear before a judge at your arraignment to hear the formal charge or charges filed against you, and you enter an initial plea.
  3. In the discovery phase, our defense team requests all evidence from the prosecution. We evaluate the prosecution’s evidence to locate inconsistencies and legal flaws.
  4. We ask Taylor County prosecutors to dismiss or reduce charges or enroll our client in a pre-trial diversion program. Completion of a diversion program results in a full dismissal of charges.
  5. Trial: If prosecutors refuse to offer a fair resolution, we take your case to trial before a judge or a jury of 6.

Statute of Limitations for Misdemeanors

Texas imposes a strict deadline for when prosecutors must file misdemeanor charges. Under Texas state law, the state must present an indictment or information for a Class A or Class B misdemeanor within two years of the date of the alleged offense. If prosecutors fail to file charges within this two-year window, Barrett Legal PLLC can move to dismiss the prosecution’s case.

Aggressive Strategies

Police officers make mistakes, misinterpret facts, and occasionally overstep their authority. Barrett Legal PLLC approaches every case with a considerable understanding of state law and an aggressive strategy focused on a dismissal or reduction of charges.

Challenging Traffic Stops

The Constitution requires law enforcement officers to establish reasonable suspicion of a crime or traffic violation before initiating a traffic stop. The police cannot stop you in traffic based on a hunch or a feeling.

If a traffic stop is made without reasonable suspicion, the evidence gathered during the stop is inadmissible under the exclusionary rule. A misdemeanor defense lawyer can review the officer’s notes, the dashcam video, and GPS data to determine whether the police had a reason to stop you.

Uncovering Insufficient Evidence

To obtain misdemeanor convictions, Texas prosecutors must have sufficient evidence. In too many of these cases, a prosecutor relies on questionable witnesses, vague police observations, or, in DWI cases, flawed testing methods.

Barrett Legal PLLC pushes back against weak prosecution evidence. We can cross-examine the prosecution’s witnesses, expose gaps in the chain of custody for drug paraphernalia or seized property, and highlight conflicting officer testimony.

Protecting Your Rights

You have basic rights protected by the United States and Texas Constitutions from the moment the police detain you, including:

  1. The right to remain silent: You are not required to answer incriminating questions or explain your actions to police officers.
  2. The right to legal representation: You have the right to consult with an attorney before answering questions and during all court proceedings.
  3. The right to a speedy trial: The Constitution guarantees your right to a prompt trial without unreasonable delays.
  4. Protection against unreasonable searches: The police cannot search you or your property, home, or vehicle without your consent, a valid warrant, or strict exigent circumstances.

When officers violate your rights, we file formal motions to exclude affected evidence and seek complete dismissal of all pending criminal charges.

The Real Cost of a Misdemeanor Record

Accepting a quick plea deal might seem like the easiest option, but a misdemeanor conviction carries serious long-term consequences:

Impact on Employment and Education

Texas employers usually conduct background checks on employment candidates. A Class A or B misdemeanor conviction remains on your record unless your lawyer obtains a resolution that allows for expungement or non-disclosure:

  1. Career barriers: State professional licensing boards typically reject applicants with misdemeanor convictions for theft, drug offenses, or domestic violence.
  2. Educational opportunities: Students at Texas Tech University Health Sciences Center, Abilene Christian University, or Hardin-Simmons University face disciplinary review, potential suspension, and loss of federal financial aid or scholarships following a drug or violent misdemeanor conviction.
  3. Housing rejections: Property management companies routinely deny lease applications to individuals with recent misdemeanor convictions.

Expungement and Non-Disclosure

Keeping your record clean requires a proactive strategy. At Barrett Legal PLLC, our goal is to protect your future by securing outcomes that leave your criminal record clear:

  1. Dismissal: If we force the state to dismiss your misdemeanor charge, you become eligible for an expungement that erases all records of your arrest and charge, allowing you to state lawfully that the arrest never occurred.
  2. Deferred adjudication: Under deferred adjudication, you plead guilty or no contest, but the judge defers entering a final finding of guilt. When you complete community supervision (probation), the court dismisses the charge.
  3. Order of non-disclosure: For some misdemeanors, following the successful completion of deferred adjudication, we can file a petition for an order of non-disclosure, sealing your record from the general public, background checks, and private employers.

Why Choose Barrett Legal PLLC for Your Defense?

We don’t believe in cookie-cutter defense strategies or passive representation. Our attorneys approach every criminal case with a determination to prevail. At Barrett Legal PLLC, we refuse to view any case as small or insignificant. Every client is our priority, and winning for every client is our goal. We are not satisfied until our clients are free people who can put this negative chapter in their lives behind them.

Schedule a consultation to understand your legal options and map a clear path forward. We stand ready to analyze the prosecution’s evidence, expose police errors, and fight for a favorable outcome in your misdemeanor case. Contact Barrett Legal PLLC today at 325-241-2868 to schedule your initial consultation with our Abilene misdemeanor defense team.