Criminal Mischief in Texas | Dallas Criminal Defense
What is Criminal Mischief in Texas?
Criminal mischief is a broad term that encompasses a variety of illegal actions in Texas. This crime involves damaging or tampering with another person’s property without their consent. This article aims to provide a comprehensive understanding of criminal mischief in Texas, its implications, and how the law firm of Varghese Summersett can help if you find yourself facing such charges.
Definition of Criminal Mischief in Texas
In Texas, criminal mischief is defined as intentionally or knowingly damaging or destroying the tangible property of another without their effective consent. Tangible property refers to anything that can be touched, including both real and personal property.
Specifically, Texas Penal Code Section 28.03 describes criminal mischief as occurring when a person intentionally or knowingly damages or destroys someone’s tangible property, tampers with property, causes substantial inconvenience to a property owner, or creates markings of some kind on an owner’s property.
The critical element of this offense is property damage, not possession.
Types of Criminal Mischief
Criminal mischief can take many forms, including vandalism, property damage, and tampering with the belongings of others. Regardless of the form it takes, the intent is always to cause inconvenience or monetary loss to another individual or entity.
Were you accused of property damage or vandalism? If so, immediately consult a Dallas criminal mischief attorney.
The defense team at Varghese Summersett offers unmatched service and dedication to its clients.
What is the punishment for a Dallas criminal mischief conviction?
The damage costs typically direct the level of offense and the punishment for a criminal mischief offense.
Texas criminal mischief cases can run the gamut from a Class C misdemeanor to a first-degree felony.
In lesser cases, there is a possibility that charges could be dismissed in exchange for cleaning up, repairing, or paying the property owner for the damage.
Discuss your case with a Dallas criminal mischief attorney early in the process, so you understand your options.
Criminal mischief punishment ranges include the following:
- $99 or less: Class C misdemeanor punishable by a maximum $500 fine.
- $100 and $749: Class B misdemeanor, punishable by up to 180 days in jail.
- $750 to $2,499: Class A misdemeanor, punishable by up to a year in jail.
- $2,500 and $29,999: State jail felony punishable by up to two years in jail.
- $30,000 and $149,999: Third-degree felony punishable by up to 10 years in prison.
- $150,000 to $299,999: Second-degree felony punishable by up to 20 years in prison.
- $300,000 or more: First-degree felony punishable by up to life in prison.
Criminal mischief can be filed as a misdemeanor or a felony in Texas depending on the amount of damage.
What are common types of criminal mischief in Dallas?
Typical forms of property damage often falling under criminal mischief include keying cars, graffiti, breaking windows, egging houses, destroying mailboxes, and damaging school property or a public building
Common examples of criminal mischief in Texas include the following:
- Damaging a house
- Damaging a brick-and-mortar business
- Damaging a vehicle
- Damaging school property
- Defacing public or private property
What is considered tangible property in Texas?
In Texas, criminal mischief cases involve the tangible property of someone. Tangible property includes any personal property that can be touched or moved.
Tangible property includes furniture, televisions, computers, clothing, and appliances.
Can I be convicted of criminal mischief for damaging my own property?
Generally, you can’t be convicted of criminal mischief for damaging your property. But other charges are possible if your actions put others at risk of injury.
Take note: If you share property ownership with a roommate, you could be convicted of criminal mischief for destroying property you co-own. A dependable Dallas criminal mischief attorney will give you an honest assessment of your case and the potential outcomes.
What are potential defenses in Dallas criminal mischief cases?
Criminal mischief property offenses often rely heavily on the physical evidence available and witness statements.
Law enforcement has to show the defendant knew they didn’t have a right to destroy or damage the property in question and that they intentionally destroyed or damaged it.
There are multiple effective ways for a Dallas criminal mischief attorney to defend against such charges, including questioning the reliability of the physical evidence and whether the police legally came about the evidence.
Common criminal mischief defenses:
Is the damage value accurate?
How did the alleged victim formulate their damages figure? Was the cost of damages found by a reliable third-party source with knowledge of the damaged property?
If the damage estimate is not specific, a Dallas criminal mischief attorney can obtain information about the alleged damage and request an independent valuation of the property damage.
The prosecutors must prove the value of the alleged damages beyond a reasonable doubt.
If reasonable doubt is created about the accuracy of the damages, it’s possible to have your criminal mischief charge lowered or dismissed.
Can criminal mischief intent be proven?
Criminal mischief offenses require that prosecutors prove the damage was intentionally or knowingly caused beyond a reasonable doubt.
Was it an accident? Was there no criminal intent?
Victims commonly assume damage to their property was intentional. Accidents happen, however, all of the time.
Think, for instance, about car wrecks. Rarely are car wrecks intentional. And the person who caused the wreck is rarely charged with criminal intent.
An experienced Dallas criminal mischief attorney will scour the evidence and examine the complete picture of the incident and circumstances to determine if intent can be proven or if a motive exists.
Example: A woman pushing her full grocery cart to her car in a parking lot loses control, and the cart rolls into and dents a parked car.
The owner of the dented car gets out, is incensed, and calls the police, believing the lady intentionally damaged his car.
What was the woman’s motive? Did they know each other? What does she have to gain by damaging his car?
A Dallas criminal mischief attorney will examine whether intent can be proven beyond a reasonable doubt.
Was the alleged damage from an older incident?
An adept Dallas criminal mischief attorney will carefully evaluate any evidence, including images and video of the damage, to determine if it all appears related to the current incident.
Or is the alleged victim trying to include damage incurred prior to the incident at hand?
Example: A couple breaks up, and the boyfriend, in a burst of anger, cracks the side mirror on his ex-girlfriend’s car. She calls the police, and the boyfriend is arrested.
However, when the damage estimate is given to the prosecutor, the girlfriend includes much more than a cracked side mirror, including scratches on the door.
With a thorough review of the evidence, the boyfriend’s Dallas criminal mischief attorney could show the alleged victim exaggerated the damages in their claim.
Were you wrongfully accused of criminal mischief?
Did the alleged victim assume you caused the property damage? The wrong person is often accused and arrested when there are multiple people on a property that ends up damaged.
Prosecutors must prove you were the person guilty of criminal mischief beyond a reasonable doubt.
Failure to prove it was you specifically is likely to result in a dismissal of a criminal mischief charge.
Is full restitution an option for both the victim and the defendant?
Even if the evidence overwhelmingly paints you as guilty of the crime, a positive result is still possible. In criminal mischief property damage cases, the alleged victim is mostly concerned about restitution.
A potential strategy is to negotiate a full restitution payment to the victim in exchange for dropping the criminal mischief charge.
A skilled Dallas criminal mischief lawyer will negotiate such an agreement, which often can include having the charge eventually expunged from your record.
Looking for a Dallas criminal mischief attorney? Call Varghese Summersett.
Are you or a family member facing a criminal mischief charge in Dallas County or the surrounding area?
The defense team at Varghese Summersett includes Board Certified criminal defense attorneys and former prosecutors with decades of experience of unrivaled success.
Our Dallas criminal mischief attorneys will examine the state’s case, give you an honest assessment of your options, and look at all potential ways to best resolve the charge, including restitution and diversion programs, if necessary.
For a complimentary consultation, call Varghese Sumersett at 214-903-4000.
