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Understanding Criminal Mischief in Texas

Understanding the Laws and Penalties of Criminal Mischief Texas

The word “mischief” sounds almost whimsical. You might think it is usually associated with kids being kids, and is mostly harmless. However, in Texas, criminal mischief is still charged. It is associated with property damage, and when the value of the property exceeds $2,500, it is charged as a felony. No laughing matter. If you or a loved one is charged with criminal mischief, it is always a good idea to speak with a criminal attorney. You can contact ATX Legal for a no-cost consultation with an experienced lawyer..

Criminal mischief in Texas is still a crime.

What is Criminal Mischief?

Criminal mischief is a Texas law that prohibits intentionally or knowingly damaging or destroying another’s property without effective consent.

The law also prohibits tampering with property and causing pecuniary loss or substantial inconvenience.

The law also covers damage that results in the wholly or partly impairment of public services such as flood control, public communications, public transportation, and public gas or power supply.

Texas Penal Code § 28.03 defines criminal mischief.

A person commits criminal mischief if they intentionally or knowingly damage or destroy tangible property of the owner without effective consent.

A person commits an offense if they intentionally or knowingly tamper with the tangible property of the owner and cause pecuniary loss or substantial inconvenience to the owner or a third person.

Classification of Criminal Mischief

  • An offense under this section is a Class C misdemeanor if the amount of pecuniary loss (based on fair market value) is less than $100 or if it causes substantial inconvenience to others.

  • An offense under this section is a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750.

  • An offense under this section is a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500 or if the actor causes impairment or interruption of a public water supply.

  • An offense under this section is a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000 or if the property damaged or destroyed is a habitation and the damage or destruction is caused by a firearm or explosive weapon.

  • An offense under this section is a third degree felony if the amount of pecuniary loss is $30,000 or more but less than $150,000 or if the actor causes the death of one or more head of cattle or bison or one or more horses, or if the damage results in the impairment of a public power supply.

Penalties for Criminal Mischief

  • The punishment for Criminal Mischief ranges from a Class C misdemeanor to a first degree felony, depending on the value of the property damaged.

  • Texas Penal Code §28.03. This law is current as of the 88th Legislature Regular Session.

  • The minimum punishment for a Class A misdemeanor is 180 days in jail.

  • A person charged with criminal mischief may be eligible for probation after a conviction.

  • Deferred adjudication without a conviction is also possible.

Defenses to Criminal Mischief Charges

  • The statute does not authorize specific defenses to criminal mischief.

  • A person accused of criminal mischief may assert any defense to negate at least one of the elements the State must prove at trial.

  • A skilled Texas lawyer can challenge evidence obtained in violation of constitutional rights, such as the Fourth Amendment right against unreasonable search and seizure.

  • Texas law recognizes several defenses to criminal mischief, including consent, mistake of fact, and necessity.

Consequences of a Criminal Mischief Conviction

  • A criminal mischief conviction can have serious consequences, including substantial fines, jail or prison time, and probation.

  • A conviction may also affect career implications, such as employment, professional or vocational licenses, and access to credit and education.

  • Convictions can also restrict travel and affect child custody, parental rights, and other family and social rights and relationships.

Statute of Limitations for Criminal Mischief

  • The limitation period for misdemeanor criminal mischief is two years.

  • The limitation period for felony criminal mischief is three years.

Arrested for Criminal Mischief? What to Do Next

  • If you are charged with criminal mischief, contact a San Antonio criminal defense attorney at Goldstein & Orr.

  • A skilled attorney can help defend against accusations of criminal mischief and navigate the complexities of Texas Penal Code Section 28.03.

  • We represent clients throughout San Antonio, Bexar County, and the State of Texas.

  • Contact us today for a consultation to discuss your case and potential defenses.

Finding a Defense Attorney in Texas

  • A charge of criminal mischief can carry serious penalties, depending on its classification level.

  • Any criminal charge is serious when considering the collateral consequences of a conviction.

  • You need the best representation, especially if your charge involves the prospect of significant jail time.

  • Trust leading Texas criminal defense attorney Doug Murphy with your defense, no matter the charge.

Notable Court Cases and Trends

  • The case law regarding criminal mischief in Texas shows how various types of conduct may be charged under this statute.

  • An experienced criminal defense attorney can assess the strengths and weaknesses of the case.

  • A criminal defense attorney can develop a defense strategy tailored to the specific situation.

Enhanced Penalties for Specific Offenses

  • An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.

  • An offense under this section is a state jail felony if the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

Understanding Tangible Property and Tampering

  • Tangible property means anything that you can physically touch or interact with.

  • For example, a sign is a physical object, and would be considered tangible property.

  • Ideas, thoughts, or slogans are not physical objects and are not covered under this statute.

  • To “tamper” with something can be a very broad definition.

  • At its simplest definition, it means to alter something.

Punishment Range and Factors

  • The punishment range for criminal mischief increases depending on the character or value of the damaged property

  • Aggregating property-loss values can increase the offense level of the crime and result in a higher punishment.

Conclusion

  • Criminal mischief is a serious offense in Texas, with penalties ranging from a Class C misdemeanor to a first degree felony.

  • If you are charged with criminal mischief, it is essential to contact an experienced criminal defense attorney to navigate the complexities of Texas Penal Code Section 28.03.

  • A skilled attorney can help defend against accusations of criminal mischief and minimize the impact of a conviction.

ATX Legal can assist defendants charged with criminal mischief in Travis, Hays and Williamson counties.

Contact ATX Legal

We offer free consultations and represent clients in Travis, Hays and Williamson counties. Contact us today to set up a phone consultation to discuss your case.

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