San Marcos Misdemeanor Crimes Lawyer

If you or a loved one is facing a misdemeanor charge in San Marcos, Texas, you may feel uncertain about what comes next. While misdemeanors are less serious than felonies, they still carry significant consequences that can impact your future. From potential jail time and fines to a criminal record that can affect employment, education, and housing, it is essential to take any misdemeanor charge seriously. At The Law Offices of David C. Hardaway, we provide experienced, aggressive defense for individuals accused of misdemeanor crimes in San Marcos and throughout Hays County. Our San Marcos misdemeanor defense lawyers understand the Texas legal system and fight to protect your rights, freedom, and reputation.

Understanding Misdemeanor Charges in Texas

In Texas, criminal offenses are divided into two main categories: felonies and misdemeanors. Misdemeanors are typically considered less severe than felonies but can still lead to serious legal and personal consequences.

Class A misdemeanors are the most serious and can result in up to one year in county jail and a fine of up to $4,000. Common Class A misdemeanors include assault causing bodily injury, DWI (second offense), and possession of marijuana between two and four ounces.

Class B misdemeanors carry penalties of up to 180 days in jail and a maximum fine of $2,000. Offenses in this category may include first-time DWI, criminal trespass, and possession of up to two ounces of marijuana.

Although the penalties vary, any misdemeanor conviction can leave you with a criminal record that impacts your future. That is why it is critical to work with a skilled San Marcos misdemeanor defense lawyer who can evaluate your case and guide you through your options.

Common Misdemeanor Charges in San Marcos

San Marcos is home to Texas State University and a growing population, which can contribute to a wide range of misdemeanor arrests. Some of the most common misdemeanor cases we handle include:

Driving While Intoxicated (DWI): A first offense DWI is a Class B misdemeanor, while a second offense is considered a Class A. A conviction can lead to license suspension, fines, and mandatory education or treatment programs.

Assault: Simple assault or assault causing bodily injury without aggravating factors is typically charged as a Class A misdemeanor.

Marijuana Possession: Possession of under four ounces of marijuana is treated as a misdemeanor in Texas. The quantity in possession determines whether it falls into Class B or Class A.

Theft: Theft of property valued under $2,500 is charged as a misdemeanor. The classification depends on the value of the stolen property.

Criminal Mischief: Causing damage to another person’s property can result in a misdemeanor charge, depending on the cost of the damage.

Public Intoxication and Minor in Possession (MIP): These charges are frequently seen in college towns like San Marcos.

The Criminal Process for Misdemeanors in San Marcos

If you are arrested for a misdemeanor in San Marcos, your case will typically be heard in a Hays County court. The process begins with your arrest and booking. Depending on the charge, you may be eligible for release on bond or a personal recognizance (PR) bond.

You will then be scheduled for an arraignment, where you are formally charged and asked to enter a plea. It is important to have legal representation before this point, as your attorney can begin negotiations with the prosecution and advocate for alternatives such as diversion programs, deferred adjudication, or even dismissal in some cases.

If a plea deal cannot be reached, your case will move forward to trial. The Law Offices of David C. Hardaway is prepared to represent clients through all phases of the criminal process and aggressively challenge any weaknesses in the prosecution’s case. We work to uncover issues such as lack of probable cause, unlawful search and seizure, or inconsistencies in witness statements.

Diversion Programs and Alternatives to Conviction

In some misdemeanor cases, especially first-time offenses, there may be alternatives to traditional prosecution. Hays County offers pretrial diversion programs and deferred adjudication, which allow eligible defendants to complete certain requirements in exchange for dismissal of charges or avoidance of a conviction.

These programs may involve community service, classes, counseling, or other rehabilitative measures. Successfully completing a diversion program can help you avoid a permanent criminal record. At The Law Offices of David C. Hardaway, we evaluate every client’s eligibility for these alternatives and pursue them when appropriate.

Expungement and Record Sealing Options

If you have been charged with a misdemeanor and the case was dismissed, or you completed a diversion program successfully, you may be eligible for expungement or non-disclosure. Expungement removes the record of the arrest entirely, while a non-disclosure order seals it from most public access.

We help clients in San Marcos and throughout Hays County determine if they qualify for these important post-case options. Clearing your record can open doors to new opportunities and allow you to move forward without the weight of a past mistake.

Why You Need a San Marcos Misdemeanor Defense Attorney

Many people make the mistake of thinking that a misdemeanor is “not a big deal.” However, the consequences of a conviction can follow you for years. A criminal record may appear in background checks and interfere with job opportunities, housing appFClications, professional licenses, and student financial aid.

Hiring an experienced San Marcos misdemeanor defense lawyer is the best way to ensure that your case is thoroughly examined and that you have a clear strategy for defense. David C. Hardaway brings years of experience in criminal defense and has earned a reputation for his meticulous preparation, strong advocacy, and results-driven representation. He takes the time to understand your unique circumstances and tailors his legal strategy to your specific needs and goals.

Frequently Asked Questions About Misdemeanors in San Marcos

Can a misdemeanor go away on its own?

No. A misdemeanor charge must be resolved through the legal process. If you ignore it, a warrant may be issued for your arrest. Hiring a defense attorney early gives you the best chance for a favorable outcome.

Is jail time mandatory for misdemeanors in Texas?

Not always. While jail is a possible penalty, many misdemeanor cases result in probation, fines, or community service, especially for first-time offenders.

Can I get a misdemeanor removed from my record?

Yes, in certain cases. If your case was dismissed or you completed a diversion program, you may be eligible for expungement or record sealing. Our office can guide you through this process.

What happens if I am a student at Texas State and get charged with a misdemeanor?

In addition to criminal penalties, you may also face disciplinary action from the university. We regularly represent students in both the court system and university conduct hearings.

Can a misdemeanor affect my job?

Yes. Employers often run background checks, and a conviction could disqualify you from certain positions or professional licenses. This makes strong legal defense all the more important.

Speak with a Skilled San Marcos Misdemeanor Defense Lawyer at The Law Offices of David C. Hardaway

If you have been charged with a misdemeanor in San Marcos, do not take it lightly. At The Law Offices of David C. Hardaway, we understand the impact a conviction can have on your life. Our team is committed to providing you with clear guidance, responsive communication, and a powerful defense at every stage of your case. Whether you are a student, professional, or first-time offender, we will fight for the best possible outcome. Contact us today to schedule a confidential consultation and protect your future.