Class A Misdemeanor Range of Punishment - Texas Penal Code

§ 12.21. CLASS A MISDEMEANOR. 

An individual adjudged guilty of a Class A misdemeanor shall be punished by:

            (1) a fine not to exceed $4,000;

            (2) confinement in jail for a term not to exceed one year; or

            (3) both such fine and confinement.

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Rachael Ener - April 17, 2008 1:45 PM

my boyfriend assaulted me and was charged with Assault/ Bodily harm a Class A misdemeanor and it is his first offense and I wrote in my statement that he did not need jail time and that he needed rehab for drug use and counseling and I was wondering if that made a difference to the judge and what is the punishment usually is in Texas for that charge if it is his first offense please let me know ASAP Thank you!
Rachael E.

Anonymous - April 24, 2008 2:20 PM

My fiance & I had sexual intercourse in the bathroom @ a restaurant. We both got warrants for "Public Lewdness".... I only had to do a walk through and he went to jail the same day because he had a warrant for a speeding ticket. Once, I see the judge in regards to this matter what will most likely be my punishment?? I have 2 little girls and I have NEVER been in trouble.... I'm just worried sick!! Please let me know & THANK YOU!!

Jamie - April 24, 2008 3:09 PM

Anonymous:

You must not have known your name would show up on your comment - so I removed it.

I have sent you an email about this matter.

ANONYMOUS - April 25, 2008 9:18 AM

I CALLED THE POLICE ON MY BOYFRIEND AND SAID HE HIT ME WITH A GUN WHICH NEVER HAPPENED I WAS MAD AND I WANTED HIM TO GO TO JAIL THAT DAY. BUT NOW I FEEL BAD FOR LIEING AND I WANT TO TELL THE TRUTH BUT I DONT KNOW WHAT WILL HAPPEN SINCE I LIED TO THE POLICE. PLEASE HELP ME AND TELL ME WHAT I SHOULD DO.

Anonymous - June 23, 2008 1:22 AM

My boyfriend and I were fooling around in the back of my SUV when the cops arrested us and we both spent the night in jail... I have never been in trouble with the law, and am wondering what might happen when I go to court?? Do I need to hire a lawyer for this??? Please help I very worried over this...

anonymous - July 27, 2008 11:28 PM

me and my boyfriend were caught fooling around at a park. We are both sixteen years old and neither one of us have been in any trouble before! I was wondering could u give me some advice on this matter! please reply back ASAP! thanks

xabier - September 26, 2008 1:43 PM

i was messing aroung with my boyfriend @ a park and the cops caught us. and i never been introuble i want to know what i can do or what my happen when i go to court please give me some advise on this matter.. thanks

Liz Henrie - October 4, 2008 12:47 AM

My boyfriend just got arrested. We live in Wyoming, but he was pulled over for being suspect in something he obviously did not do. The police checked his records or whatever and realized that he had a warrent out for his arrest for meth charges from several years ago. I did some research and I believe that he has a Class A Misdemeanor. Will he be sent back to texas? And if he is, will he go to jail for something he did years ago and hasn't done since? I am so freaked out right now, and I have nobody to help me figure this out!

ANONYMOUS - December 14, 2008 1:50 PM

CONVICTED OF A CLASS A MISDEAMEONOR IN 1995 NOT SURE IF IT WAS FAMILY VIOLENCE BUT WAS WITH A CRAZY GIRLFRIEND. SHE LIED ABOUT EVERYTHING AND I WAS 18 SCARED TO DEATH OF JAIL.PUBLIC DEFENDER ATT. I PLEAD GUILTY. NO IN PUBLIC SERVICE AND TRYING TO GET MY RECORD CLEANED UP 33 YRS OLD IS IT POSSIBLY AND DOES UR OFFICE DO THESE THINGS

Paul Apodaca - January 13, 2009 5:11 PM

was charged with a class a misdemeeanor for assault of a family member if convicted how much time do i have to wait to possess a firearm again

Adam - January 24, 2009 2:28 AM

I have a class A for domestic Violence and cannot do the probation period due to a very good upcoming job. If i just did the time how much time in Dallas county would I be looking at and once done if money was not an object could I get it sealed/removed soon/over time/or not at all. please email me back

Joseph - January 28, 2009 9:05 PM

In 1993 I was arrested for grabbing my wifes face when I confronted her about cheating on me. Her friend called the police and I was arrested that same night for assault. To get the incident over I pled guilty to the assistant D.A. in return for deferred ajudication with 6 months probation but they revoked my probation due to a failure to appear on a traffic ticket in another county. We were divorced within a month and I've since been told I can't legally own a firearm ever again. Is there anyway to regain my rights to hunt and legally own a firearm? I've been told about a pardon but have not pursued it due to a lack of legal information.

Anon - February 1, 2009 11:35 AM

My daughter was caught as an accessory to shoplifting in excess of $500 (Class A Misdemeanor) on the last day of work at a place she has worked (and excelled) for two years. An acquaintance who was down on luck and money convinced my daughter to help her. My daughter is 17, her record is clean (first offence) except for a couple of traffic tickets. She starts post-HS trade school in Austin in two weeks (mid Feb). What are her chances of probation/deferred sentence vs. time/fine

amarillohl - February 3, 2009 7:55 PM

i was arrested for making alcohol available to minors a month ago. this was at friends home and he had it at his house. i do not drink but i did know that the girls had one shot apiece when they were there and they are 14 years old. should i hire a lawyer?

Brandi - February 18, 2009 5:05 PM

Me and my ex boyfriend were fighting and i had been drinking. and called the cops bc he hit me but i got arrested. was charged with assult bodliy injury on a family member. it was a class A Mistameanor. and i went to court in august and he had gone to the court house to sign a paper saying he didnt want the charges pressed on me and for me to just have a substance abuse evaluation done. and i did it. the judge told me that it would be dismissed if i did. So I did it. well i just found out that its still there. i dont know what to do. my attorney stopped answering my calls right when court was done. i was never put on probation so when i call the court house no one knows what to do or tell me really. I know this is going to affect future jobs. I was wondering how long it stays on my record, if it ever comes off, and what should i do in this situation? If you know what to do pleeeease let me know!??

family friend - February 22, 2009 5:31 PM

a friend of mine has a 15 year old son who punched another 19 year old (once) because the nineteen year old pushed him and then about 30 minutes later later grabbed him. The 19 year old pressed assult chages on my friends son. Will this hold up or was my friends son defending himself.

R Aguilar - March 3, 2009 12:49 PM

My brother in law was charge with a Misd Class A over an incident that happened at the school district he worked for as an electric maintenance journeyman. His bossed asked him to purchase an airconditioner and charge it to the school account. He instructed him to take it to his home and place it where it was visible and advised him that someone would pick it up. An inquiry determined that his boss had ordered an unauthorized purchase and that my brother in law was an accessory. Both were fired and my brother in law was charged with a Class A misdemenor. He was given a court hearing date.

He basically has a clean record (DWI only). What kind of sentencing would he get? Can he plead no contest to lighten the sentence? Does ne need a lawyer?

Dawn - March 5, 2009 11:34 PM

When does a Class A Misdemeanor turn into a Felony?

Jocelynn - March 14, 2009 7:31 PM

my husband was arrested at his place of employment for serving beer to a minor..it was a sting operation that the TABC was conducting. if he doesnt have papers and its his first offense will he be deported or what will be his punishment?..he was also charges with a class a misdemeanor

Myron Himes - March 22, 2009 6:55 PM

can a class A misdemeanor be expunged

john john - March 24, 2009 1:11 PM

I m in court dealing with a theif felony charge. they said i stole a tv from a rental company. the tv was under 5000. my lawyer said they wanted to give me a class c misr. and probation 2yrs. i was wondering if a class a felony charge would stop me from getting a new job when they look up my record or would it be on my record? or what could i do to get it off my record. and how long would it stay on my record?

john john - March 24, 2009 1:12 PM

I m in court dealing with a theif felony charge. they said i stole a tv from a rental company. the tv was under 5000. my lawyer said they wanted to give me a class c misr. and probation 2yrs. i was wondering if a class a felony charge would stop me from getting a new job when they look up my record or would it be on my record? or what could i do to get it off my record. and how long would it stay on my record?

michael - March 25, 2009 4:45 AM

I have two assault charges against me (class a one might not be class a) both people said they would not testify against me and one rewrote her statment and said i did not hit her does anybody know if i can get probation or somthing in place of jail i have no clue what might happen to me can someone please give me some advice?

AJ - March 31, 2009 9:39 PM

I have an ongoing SJF Endangering a child. He got out of my back fence while I was working on it and almost ran into the street where a lady stopped and called the cops. I was outside when by the time he got there. My lawyer wants me to take a plee for Misdemeanor A Deadly Conduct. She seems to think that being a small town and the Grand Jury thought they were going to pass it and went ahead with charges. That I might end up with the same bad luck on Jury selections for the trial. Also, that If I want to go to trial, more than likely the Misdemeanor A will no longer be on the table and I would be facing nothing but a felony charge of some kind. Any Advice would be Great. Thank You.

savannah - April 7, 2009 1:23 PM

i got a class c misdemeater what do i do

danielle - April 14, 2009 7:11 PM

my boyfriend n i got into it n i called the police, dey had me write a statement down n took a picture of me foot. he went to jail n bailed out, now he has to go to court but i dont want to proceed with the charges because we want to be together what will happen next?

JJ - April 14, 2009 9:39 PM

im dealing with a Class A misd.(assault/bodily)..the only prior case i had was a class b misd(terroristic threat) when i was 17(now 21)and a DUI(more like a ticket and cant be brought up) plus theres a BOGUS alleged sexual assault on the police report...my attorney says they want to give me the maximum...Are they using my prior charge against me even thou this was 4 yrs ago in high school? would appreciate expert feedback thanks!

JJ - April 14, 2009 10:01 PM

im dealing with a Class A misd.(assault/bodily)..the only prior case i had was a class b misd(terroristic threat) when i was 17(now 21)and a DUI(more like a ticket and cant be brought up) plus theres a BOGUS alleged sexual assault on the police report...my attorney says they want to give me the maximum...Are they using my prior charge against me even thou this was 4 yrs ago in high school? would appreciate expert feedback thanks!

James Rains - April 19, 2009 12:26 AM

I gave a 21 year old a drink at my bar which he passed to a 20 year old who took one drink and was then questioned of her id by a tabc officer. she got a class c and i got a class a. it was a tx comptroler operation tabc was just there for security. i gave the drink to the 21 year old, then was signaled to the side of the bar by the tax guy(my boss has matters with taxes i guess) he told my i need to speak to owner or manager of establishment and he flashed his badge i went back to get the boss from office when i returned to bar the tabc guys were right there talkin to her. they told me the would contact me in a few days and i would have to go to the jail and post bond and see judge. they could have arrested me they said but since it was the texas comptroller visit they didnt have time for it. am i in for a fine for this?

Chris - May 17, 2009 2:16 PM

ok i am currently in the army stationed at hood but deployed before i left i got drunk and shot my gun of several times in my closet...i was arrested for discharge of a firearm in a municipality and assualt to a family member, my wife. my wife told them i didnt hit her and i didnt but i dnt know how to procced with this case... help pls?

Bryan - May 27, 2009 7:14 AM

Charged with Agg. Assault w/ Deadly Weapon....charges were reduced to Deadly Conduct. I got it adjudicated and I completed probation without incident. I should be able to get my firearm back correct and how do I go about this? I live in Texas.

Rod - June 1, 2009 6:57 PM

I was recently charged with resisting a "frisk", a Class A Misdemeanor. I was told I was not under arrest and then panicked when the police tried to cuff me. I was never mirandized nor was the procedure of the search explained to me. And it seems not to matter I had no contraband of any type on me.

So what are we looking at here? I have a clean record. Deferred Prosecution or adjudication. The incident occured in Travis Co.

Lynn - June 3, 2009 10:15 PM

Ok so here is the deal. My wonderful husband of 1 year now and fahter of my two beautiful children has recently been arrested for a warrent in Travis county. I bailed him ou on a 3000 cash bond. The warrent was supposly issued in November of 06 for a failure to appear for a possesion of a dangerous drug charge. He has no idea what was found in his truck and was never told either. This is his first drug charge EVER and I have no clue what is going to happen?? Any advise from anyone???

Drea - June 23, 2009 9:28 AM

I was arrested in Auugust of 08 for aggravated assualt with a deadly weapon. I've been going to court since Jan.09 the ADA reduced my charge to a class A misdemeanor instead of a felony charge. In my situation I was stalked, harrassed, threatened, and provoked over a period of 4 months and was 2 months pregnant at the time of the alleged assualt of the victim. Who had hit me prior to me retaliating. I never touched her but did threaten her with a knife. I was arrested and now am taking on this legal process. Should I accept the Class A or take my chances at trial?

Annonymous - July 8, 2009 1:25 PM

I was arrested last week for assault (family violence) with bodily injury to my boyfriend. The thing is, my boyfriend was not hurt and never had any marks of "bodily injury". My boyfriend and I got into an argument match and I kept asking him to leave the room and to just leave me alone. He got in my face and started yelling so I pushed him back. He grabbed my arms and started to push me towards the bed. I started pushing and flailing my arms with what ever moving range I had left to get him away and off. He put me in a choke hold and my neck got twisted. I was in a lot of pain and couldn't straighten my neck and I got immediately scared. I called 911 for help. The cops seemed to be after me and ended up arresting me. I was taken to the hospital that night for my neck injury, had marks down both arms, and a cut across my chest... he had no marks, but I was the one taken. My boyfriend even asked that presses not be charged. I don't know what to do or what to expect. I believe I was wrongfully charged and I don't know how to fight this. I've never been in trouble before and have quite a respectable reputation. I haven't even had a speeding ticket in several years. What do I do?

Anon - July 15, 2009 3:00 AM

In Sept 2008, I was charged with Deadly Conduct in Hays County. I was driving to a friends house for lunch and a truck in front of me on the access road slammed on their brakes, and continued to go about 30 mph on the on-ramp of I-35 N. I tried to pass them but they swerved to cut me off. Once I had an opening I overtook them in the far left lane, flipped my middle finger at them as I passed, and continued on. About a mile later, I looked in my rearview mirror to see that they were on my bumper and chasing me. I exited the freeway so that I could pull into the SMPD parking lot, hoping they would not want to follow me in there. Instead the U-turn was blocked with traffic, so I pulled into the Lowe's parking lot to end the chase. I got out of my truck and they drove away. I ran from them fearing them as they were two hispanic males and I was alone. About 5 minutes later, I was pulled over by several SMPD officers and arrested because they called the police and claimed I pointed a firearm at them. I went to jail for 24 hours. I had a .380 Pistol in the center console, magazine empty and ejected, no rounds for that firearm anywhere in the truck and the pistol was stuffed under a pile of paper and forgotten about since it's last use the previous weekend. On the floorboard I had .22 caliber & 12-ga shotgun rounds in boxes, shot-up target paper, a gun cleaning kit, and earmuffs from the previous weekend while target shooting at my ranch in South Texas. I have no criminal record, and am an NRA member and avid hunter. I have carried the .380 pistol in my truck since the law allowed me to do so for personal protection. I would never aim a pistol at someone unless my life was in danger.

Later the police report said that a male & female were in the other truck, but it was clearly two males with facial hair. The stories on both reports filed by them were identical to the word. My court appointed attorney has pulled their files and they both have criminal records. I beleive the female came into the story after the other male hid and did not want to come forth, probably due to his personal criminal record.

What am I supposed to do here? I want my firearm back, I want to get this over with because it never should have happened. I want my rights back. This has ruined my life so far.

Lena - July 21, 2009 10:58 AM

Me and my boyfriend got into an arguement and he slapped me. When the police came I told them I did not want any charges. He has a class a misd. assualt bodily on family member. What can we do to get it off his record.

Lena - July 21, 2009 10:58 AM

Me and my boyfriend got into an arguement and he slapped me. When the police came I told them I did not want any charges. He has a class a misd. assualt bodily on family member. What can we do to get it off his record.

Kristie - July 22, 2009 11:18 AM

My husband and I had an argument that led him into pushing me in the closet and throwing a bowl at me. He then left so I took out a protective order. 3 wks later my husband got charged with a dui and called me to come get him out. the officer took out a warrant for violating the protective order. The judge charged him with a class 1-a misdemeanor . Can this be expunged since he has no other criminal background? Not to mention we are back together and I feel horrible.

Annonymous - August 8, 2009 5:43 PM

I was arrested for removing the price tag of a clothing item and trying to replace it with a lower price. when i went to court i was referred to the 1st time offender program. I did not meet the requirments of this program, but i havent talk to anyone about it and i was wondering what is going to happen. i am a college student about to graduate and i dont want this hanging over my head, when i go to look for jobs. i think there mightbe a warrent out for me. i want to handle the situation but i want to know what to expect before hand

lashay - August 29, 2009 8:26 PM

My boyfriend and i got into an argument because he came home late and i thought he was cheating. I told him to get out and he left i called the police and said that he had it me, took the car, and brooke in the front door. i lied on him and i want to come clean to the police and get the warrant taken off him. What can i do?

Shane - September 8, 2009 4:01 PM

Dear Sir or Maam,

I need your advice on a class A misdemeaner. I was hit on my motorcycle by a lady who was charged in the accident. When I got off my motorcycle I was mad and was yelling at her. I hit her driver side window and my arm went thru the glass. I am now being charged with criminal mischief.

I was wondering what I can expect from the court and if i need to retain a lawyer. I also was told to do a walk thru to process the charges but was not told when or where to do so.

Any help would be greatly appriciacted.

sighj - September 22, 2009 12:31 AM

mm my girlfriend and i were caught doing stuff in the back of the car. im 16, a minor and she is 18. the cops didn't say anything about arresting or citing us a ticket. whats going to happen? will we go to a court?

thanks

Laura - September 22, 2009 1:09 AM

After working a long 4 days in a row for a total of 50 hours, I got off work and was confronted by my husband who had found documentation that stated I had bidded on a house. He automatically assumed that it was for my adult daughter (who is not his child). An arguement ensued, some household items were broken, because he insisted on taking them with him even though I bought them, a fax machine and a lamp in the struggle, and this was also my house purchased previous to our marriage).I repeatedly requested him to leave my house. He packed his bags but later decided he wasn't going to leave. I proceeded to throw his bags out of the side door. He tried to prevent me from doing so by pushing me around and attempting to wrestle them from my grasp. When I continued to throw them out--he called 911 and told the police I hit him with a bat (which belonged to my grand children, which sat on the floor beside the side door-and had been there all summer). The police came into the house and immediately arrested me and took me to jail where I spent the entire weekend(My husband mind you, has multiple complaints of domestic violence against him from a previous marriage, and I had a crystal clear record--nothing on it, and was age 50 at the time of the incident). During the time I was in jail, my husband came to the police station and told the truth--I DID NOT HIT HIM. He was not allowed to make a statement to this effect and was told that he would have charges filed against him if he did not follow though with the report as filed. I was charged with attempted assault, fined and a restraining order was placed against me, so therefore, I could not enter MY OWN home. Now 2 years later this bogus bunch of garbage is still on my record. I am a licensed professional and need to know how to have this removed from my record.

Jordan - October 7, 2009 1:51 AM

I recently was in a park after hours, and i was drinking (i am underage) and the police came to investigate the disturbance, i ran and now have a summons for resisting arrest, this is my first offense. do i need a lawyer? what kind of penalties am i looking at?

Patricia - October 15, 2009 5:56 PM

I was charged with a Class A misdemeanor (first offense)assault on a family member/bodily harm. My bf and I got into a fight and he didn't want to press charges but, the police did. He had a small mark on his leg. I would like to know what the punishment is likely to be and if there is ANYWAY I can avoid jail time. Thanks for your time and response.

Amy - October 15, 2009 7:57 PM

Hello, My Husbands Ex Wife forged his signature on a $1,000 check and cashed it. How do we go about charging her for forgery? What is the penalty in Texas for this? I look forward to your quick response, Thank you!

danny - October 19, 2009 11:03 AM

my boyfriend assaulted me and was charged with Assault/ Bodily harm a Class A misdemeanor and it is his first offense and I wrote in my statement that he did not need jail time and that he needed rehab for drug use and counseling and I was wondering if that made a difference to the judge and what is the punishment usually is in Texas for that charge if it is his first offense please let me know ASAP Thank you!

Samantha - October 28, 2009 8:29 PM

I am currently on deferred adjudication for a Class A Misdemeanor (assault) and will be for the next 2 months. It was over something stupid between me and my best friend (at the time). She filed the charges against me, and I spent the night in jail. She tried dropping the charges, but the court D.A.'s office said it was too late. I am wanting to become a teacher, and will have the certification for it within 2 years. Is there a way for this to come off my record?

Samantha - October 28, 2009 8:30 PM

On the above statement, the "assault" was for throwing a styrofoam cup.

Anymous - November 3, 2009 6:52 PM

ok i was at school when i got caught with weed it was only 22.5 grams. i got charged with a class a mistermeaner for it. i just wanna know wat might happen in court when i go

dee - November 11, 2009 1:21 PM

my girlfriend got charged with resisting arr-search/transport just wondering if you could tell me what you think her punishment will be?

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