What Are the Most Common Misdemeanor Charges in Dallas and Their Penalties?

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Introduction: Misdemeanor Charges in Dallas County Are Prosecuted Aggressively

If you've been arrested in Dallas, your case will likely be filed in the Dallas County Criminal Courts at Law located in downtown Dallas.

Many people assume a misdemeanor is “minor.” That is a dangerous mistake.

In Dallas County, misdemeanor prosecutors aggressively pursue:

• DWI cases

• Assault and family violence

• Marijuana possession

• Theft and shoplifting

• Criminal trespass

• Resisting arrest

Even a first-time misdemeanor conviction can:

• Create a permanent criminal record

• Affect employment opportunities in Dallas' competitive job market

• Impact professional licenses

• Trigger immigration consequences

• Prohibit firearm possession (in family violence cases)

At Texas Defenders, located at 3302 Swiss Circle in Dallas, we appear daily in Dallas County courts defending misdemeanor cases.

Here's what you need to know.

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Understanding Misdemeanor Classifications in Dallas County

Under Texas Penal Code Chapter 12, misdemeanors fall into three categories:

• Class C

• Class B

• Class A

In Dallas County criminal courts, most cases prosecuted are Class B and Class A misdemeanors.

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Class C Misdemeanors in Dallas

Penalty:

• Fine up to $500

• No jail time

Common Dallas Class C charges include:

• Public Intoxication

• Disorderly Conduct

• Minor in Possession of Alcohol

• Drug Paraphernalia

Although there is no jail exposure, a conviction still results in:

• A criminal record

• Background check visibility

• Possible employment consequences

In Dallas municipal courts, many defendants plead guilty without realizing they may qualify for dismissal or deferred disposition.

We frequently resolve these cases without convictions to protect our clients' records.

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Class B Misdemeanors in Dallas County

Penalty:

• Up to 180 days in Dallas County Jail

• Fine up to $2,000

• Or both

This is where jail becomes a real possibility.

Common Class B misdemeanors prosecuted in Dallas include:

• First-Offense DWI

• Possession of Marijuana (Under 2 oz)

• Criminal Trespass

• Theft ($100–$750)

• Resisting Arrest

• Evading Arrest (on foot)

The Dallas County District Attorney's Office files thousands of Class B cases each year.

Early legal intervention can often mean the difference between dismissal and conviction.

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Class A Misdemeanors in Dallas County

Penalty:

• Up to 1 year in Dallas County Jail

• Fine up to $4,000

• Or both

Common Class A charges in Dallas:

• Assault Causing Bodily Injury

• Assault Family Violence

• Second DWI

• Theft ($750–$2,500)

• Burglary of a Vehicle

• Violation of Protective Order

In Dallas County, assault and family violence cases are handled by specialized prosecutors and often move quickly.

These charges must be taken extremely seriously.

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The Most Common Misdemeanor Charges in Dallas

Now let's break down what we see most often in Dallas County courts.

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1. Driving While Intoxicated (DWI) in Dallas

DWI is one of the most frequently filed misdemeanor charges in Dallas County.

Under Texas Penal Code §49.04, DWI occurs when someone operates a motor vehicle in a public place while intoxicated.

Common DWI arrest locations in Dallas include:

• North Central Expressway (75)

• Dallas North Tollway

• I-35E

• Uptown

• Deep Ellum

• Lower Greenville

• Bishop Arts

First-Offense DWI (Class B)

• Up to 180 days in jail

• Up to $2,000 fine

• License suspension

• Ignition interlock

• Probation conditions

If BAC is 0.15 or higher → Class A misdemeanor.

Second DWI

• Class A misdemeanor

• Up to 1 year jail

• Mandatory minimum jail time

Dallas DWI Defense Strategies

We frequently challenge:

• Legality of the traffic stop

• Field sobriety test reliability

• Officer training

• Breath machine calibration

• Blood warrant validity

• Video inconsistencies

Many Dallas DWI cases have constitutional weaknesses.

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2. Assault & Assault Family Violence in Dallas

Assault cases are among the most common misdemeanor filings in Dallas County.

Under Texas Penal Code §22.01, assault occurs when someone causes bodily injury or threatens imminent bodily injury.

Assault Causing Bodily Injury

• Class A misdemeanor

• Up to 1 year in jail

Assault Family Violence

If the alleged victim is a spouse, partner, or household member:

• Same Class A penalty

• Permanent federal firearm prohibition

• Protective orders

• Custody implications

• Immigration consequences

Many Dallas assault cases are “he said / she said.”
Body cam footage often tells a different story.

We aggressively examine:

• Inconsistent statements

• Lack of visible injury

• Self-defense claims

• Witness credibility

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3. Theft & Shoplifting in Dallas

Retail theft cases are heavily prosecuted in:

• NorthPark Center

• Galleria Dallas

• Highland Park Village

• Target & Walmart locations

• Kroger and major retailers

Theft penalties:

Under $100 → Class C
$100–$750 → Class B
$750–$2,500 → Class A

Theft is considered a crime of moral turpitude and can affect:

• Employment

• Immigration

• Professional licenses

First-time theft cases are often negotiable for dismissal or diversion.

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4. Marijuana Possession in Dallas

Marijuana remains illegal under Texas law.

Under 2 ounces = Class B misdemeanor.

Most Dallas marijuana arrests occur during:

• Traffic stops

• Consent searches

• “Odor of marijuana” vehicle searches

Defense strategies include:

• Challenging probable cause

• Suppressing illegal searches

• Constructive possession defenses

• Lab testing review

Many marijuana cases collapse if the search was unconstitutional.

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5. Criminal Trespass in Dallas

Commonly arises from:

• Bar disputes

• Domestic situations

• Apartment complex conflicts

Trespass requires proof that proper notice was given.

Often these cases hinge on whether:

• Signs were properly posted

• Verbal notice was clear

• The defendant had permission

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6. Resisting Arrest & Evading Arrest in Dallas

These charges often accompany other arrests.

Resisting arrest requires intentional force.
Evading requires intentional flight.

Body camera footage frequently determines whether the charge holds up.

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Dallas County Jail Exposure

If convicted of:

Class B → Up to 180 days in Dallas County Jail
Class A → Up to 1 year in Dallas County Jail

Even probation often includes:

• Reporting requirements

• Drug testing

• Community service

• Counseling

• Ignition interlock (DWI cases)

A conviction follows you long after probation ends.

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Collateral Consequences in Dallas

In a competitive job market like Dallas:

• Employers conduct background checks

• Apartment complexes deny applicants

• Licensing boards review convictions

Family violence convictions permanently ban firearm possession under federal law.

Immigration consequences can be severe for theft and assault convictions.

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Repeat Offense Enhancements

Under Texas Penal Code §12.43:

Repeat Class B → Minimum 30 days jail
Repeat Class A → Minimum 90 days jail

Judges lose discretion.

Your first case matters.

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Can a Dallas Misdemeanor Be Dismissed?

Yes — depending on the facts.

Possible outcomes include:

• Dismissal

• Deferred adjudication

• Pretrial diversion

• Reduction to lesser charge

Early legal action significantly improves outcomes.

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Clearing Your Record in Dallas County

If your case is dismissed, you may qualify for:

• Expunction (record erased)

If placed on deferred adjudication, you may later qualify for:

• Order of nondisclosure (record sealed)

We handle expunctions and nondisclosures in Dallas County courts.

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Why Hiring a Dallas Misdemeanor Lawyer Early Matters

The first weeks after arrest are critical.

We immediately:

• Request discovery

• Preserve dash cam footage

• Identify constitutional violations

• Contact prosecutors early

• Position cases for dismissal

Waiting reduces leverage.

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Why Dallas Clients Choose Texas Defenders

Located at 3302 Swiss Circle, Dallas, TX 75204, Texas Defenders provides:

• Aggressive misdemeanor defense

• Former prosecutor insight

• Daily presence in Dallas County courts

• Payment plans

• Clear communication

We know how Dallas prosecutors build cases — and how to dismantle them.

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Frequently Asked Questions

What is the most common misdemeanor in Dallas?

DWI, assault, theft, and marijuana possession are among the most frequently filed misdemeanor charges in Dallas County.

Will a misdemeanor show up on a Dallas background check?

Yes. Unless expunged or sealed, misdemeanor convictions appear on background checks.

Can a first-time misdemeanor be dismissed in Dallas?

Many first-time offenses qualify for dismissal or diversion depending on the facts.

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Call Texas Defenders Today

If you've been arrested for a misdemeanor in Dallas County:

Call 214-306-9696 today for a free phone consultation.

Texas Defenders
3302 Swiss Circle
Dallas, TX 75204

The difference between a conviction and a clean record often comes down to who you hire.

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