Is Burning Someone on the Leg with a Cigarette Considered “Assault” in Texas?

February 19th, 2020 by Tad Nelson in Misdemeanor Crimes

Simple assault is a misdemeanor offense in Texas. Assault is defined as “intentionally, knowingly, or recklessly causes bodily injury to another” person. In this context, a “bodily injury” includes any amount of physical pain suffered by the victim. For example, a Dallas appeals court recently upheld an assault conviction that was partly based on evidence […]

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How a Misdemeanor Conviction Can Lead to “Forfeiture” of Your Property to the State of Texas

January 24th, 2020 by Tad Nelson in Misdemeanor Crimes

Normally, the maximum penalty for a Class A misdemeanor offense in Texas is one year in jail and a $4,000 fine. But this is only the maximum criminal penalty. Some misdemeanor convictions can also lead to the civil forfeiture of assets that prosecutors believe were proceeds or byproducts of the crime. By law, however, the […]

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What Is the Statute of Limitations for Misdemeanor Crimes in Texas?

December 18th, 2019 by Tad Nelson in Misdemeanor Crimes

In most criminal cases there is a strict time limit that must be followed by prosecutors. This is known as a “statute of limitations.” It is legislation that specifies the maximum length of time that may pass between the commission of an alleged crime and the bringing of formal charges against the defendant. For misdemeanor […]

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Is Burning Your Trash a Misdemeanor Offense in Texas?

November 18th, 2019 by Tad Nelson in Misdemeanor Crimes

As a general rule, you are not supposed to conduct any sort of “outdoor burning” in Texas. There are limited exceptions. For instance, if a local government does not provide trash collection services, residents may burn household trash and rubbish on their own property. But even where this exception may apply, individuals need to be […]

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Austin Man Convicted of Misdemeanor Forgery

October 25th, 2019 by Tad Nelson in Misdemeanor Crimes

Misdemeanor crimes include a variety of non-violent offenses, such as forgery. Indeed, under the Texas Penal Code, forgery is a Class A misdemeanor in most cases. And forgery itself may cover any type of writing, not just items like money or stamps. “Circumstantial Evidence” Allowed Jury to Infer Defendant Forged Signature on Proof of Insurance […]

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What Happens When the Wrong Court Tries a Misdemeanor Offense?

September 20th, 2019 by Tad Nelson in Misdemeanor Crimes

In the Texas judicial system, different courts handle different types of cases. For example, misdemeanor crimes are tried by county courts, while felony cases are handled by district courts. And this is not a technical or superficial distinction. If you are charged solely with misdemeanor offenses, a district court lacks “subject matter jurisdiction” over your […]

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Ex-Houston 911 Operator Found Guilty of Misdemeanor for Hanging Up on Caller

July 24th, 2019 by Tad Nelson in Misdemeanor Crimes

Most of us have had a bad day at work. And that can affect our ability to do our jobs properly. But is failing to do your job a misdemeanor offense? It can be if you work for the Houston Emergency Center (HEC). At least, that was the conclusion of the Texas First District Court […]

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Can I Be Convicted of Misdemeanor Theft Even If Nobody Saw Me Take Anything?

May 23rd, 2019 by Tad Nelson in Misdemeanor Crimes

Petty theft is one of the more common misdemeanor crimes committed in Texas. The degree of the offense is tied to the value of the stolen property (or services). For example, if you are accused of stealing property from a store worth between $500 and $1,500, that is a Class A misdemeanor under the Texas […]

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What You Need to Know About Misdemeanor Sexual Offenses

April 23rd, 2019 by Tad Nelson in Criminal Defense, Misdemeanor Crimes, Sex Crime

There are a variety of misdemeanor offenses in Texas that broadly fall within the category of sexual offenses. We are not talking about rape, sexual assault, or other violent crimes. Rather, these misdemeanors include such things as “voyeurism”–i.e., spying on someone for purses of sexual arousal or gratification–or “indecent exposure.” These crimes may seem harmless […]

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What Are the Penalties for Violating a Protective Order in Texas?

March 21st, 2019 by Tad Nelson in Misdemeanor Crimes

Some misdemeanor crimes in Texas involve violating a prior court order. For example, if a judge issues a protective order against a defendant accused of domestic violence, and that defendant violates any terms of that order, prosecutors may charge the defendant with a separate Class A misdemeanor under the Texas Penal Code. In practical terms, […]

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