If you’ve been charged with a misdemeanor in Texas, you’re probably wondering, “How long will this take to be over?”
The short answer: most misdemeanor cases take between 6 and 12 months to resolve — but your timeline may differ depending on the charge, the court’s docket, and whether you choose to fight the case or reach a plea agreement. Below is a breakdown of the typical Texas misdemeanor process, what affects how long it takes, and what you can expect at each step.
1. Arrest or Citation
Every misdemeanor case begins with an arrest or citation for an alleged offense — like DWI, assault, theft, or marijuana possession.
If you’re arrested, you’ll see a magistrate within 48 hours for bond setting. If you cannot afford an attorney, one must be appointed to represent you.
2. Formal Charge
The prosecutor then files an information — the official charging document required to proceed. This is when your case officially begins.
Under Article 12.02, Texas Code of Criminal Procedure, prosecutors have two years from the date of the alleged offense to file a misdemeanor charge. If the State files after that time, your attorney can move to dismiss the case as time-barred,
3. Discovery and Pretrial
This is where most of the work happens. Your attorney requests evidence from the State — police reports, videos, body cam footage, witness statements, and lab results — under Article 39.14 (the Michael Morton Act).
During this period, your attorney may file motions to suppress, motions for discovery, or challenge probable cause or constitutional violations.
4. Plea or Trial
If no plea agreement is reached, your case proceeds to trial, where the State must prove guilt beyond a reasonable doubt. A misdemeanor jury consists of six jurors, or you can choose a bench trial before the judge.
5. Sentencing and Post-Trial Options
If convicted, sentencing occurs almost immediately the trial. You also have the right to file a Motion for New Trial within 30 days or pursue an appeal.
Range of Punishment for Texas Misdemeanors
| Misdemeanor Level | Maximum Jail Time | Maximum Fine | Example Offenses |
| Class A | Up to 1 year in county jail | Up to $4,000 | DWI (2nd), Assault Causing Bodily Injury, Theft $750–$2,500 |
| Class B | Up to 180 days in county jail | Up to $2,000 | First-time DWI, Possession of Marijuana < 2 oz, Criminal Trespass |
| Class C | No jail, fine up to $500 | Up to $500 | Public Intoxication, Disorderly Conduct, Simple Traffic Offenses |
Disclaimer: The information in this article is provided for general educational purposes only and does not constitute legal advice. Reading this article or visiting this website does not create an attorney–client relationship. Every case is unique, and the laws and procedures described may vary based on specific facts and jurisdictions. If you have been charged with a criminal offense, you should consult directly with a qualified Texas criminal defense attorney to discuss your individual circumstance