Under Texas law, criminal mischief is the offense of intentionally or knowingly damaging or destroying another person’s property without their consent. It is commonly referred to as “vandalism” but can be charged in circumstances that would not typically be considered as such. The severity of the charge will depend on the amount of pecuniary loss to the property. In some cases, it could result in incarceration and heavy fines. As a result, we encourage you to take your charge seriously and contact a criminal defense attorney for guidance as soon as possible.

Understanding Criminal Mischief

As mentioned above, criminal mischief is the crime of intentionally or recklessly causing damage to another person’s property. This can include “tampering,” resulting in financial loss or substantial inconvenience to the owner or a third party. It can also involve making any kind of marking, such as drawings, paintings, slogans, or inscriptions. Here are some examples of what would be considered criminal mischief under Texas Law:

• Spray painting or “tagging” a building without the consent of the owner
• Purposefully destroying or damaging another’s personal property, such as a phone or tablet
• Removing fixtures, such as cabinets or floor tiles, from a rental property
• Punching a hole in a wall
• Burning down a shed

Note that criminal mischief can be charged in addition to other criminal charges, such as arson. Additionally, criminal mischief usually requires the State to prove pecuniary damages to the property. For example, in one case, a defendant was charged with criminal trespass for spitting on a police officer’s patrol vehicle. On appeal, the defendant’s conviction was overturned for insufficient evidence because the State failed to provide evidence that the spit had any effect on the pecuniary value of the vehicle. See Ortiz v. State, 280 S.W.3d 302, 305.

Even without pecuniary damages, if the defendant caused substantial inconvenience to the owner or others, they may be charged with class C criminal mischief which carries a fine with no jail time. If you have been charged with criminal mischief and do not understand why, a criminal defense attorney can provide guidance and help you get a fair result.

Criminal Mischief Can Carry Harsh Penalties

Generally speaking, the value of the property or the extent of the financial loss will determine the severity of the charges you face. Criminal mischief is typically a misdemeanor charge:

• If the loss is less than $100, or if the criminal mischief did not result in any loss but caused substantial inconvenience to others, you will be charged with a class C misdemeanor.
• If the loss is more than $100 but less than $750, you will be charged with a class B misdemeanor.
• If the loss is more than $750 but less than $2,500, you will be charged with a class A misdemeanor.
• If the loss is greater than $2,500 but less than $30,000, it is a state jail felony.
• You will be charged with a third degree felony if the loss is greater than $30,000 but less than $150,000.
• You will be charged with a second degree felony if the loss is greater than $150,000 but less than $300,000.
• You will be charged with a first-degree felony if the loss is $300,000 or more.

Given the current prices of labor and materials, many defendants are surprised to discover that they have been charged with felony criminal mischief. Regardless of whether your charge is a misdemeanor or a felony, a conviction could lead to imprisonment and heavy fines. Protect your rights by contacting a criminal defense attorney as soon as possible.

Charged with Criminal Mischief? Call Barton & Associates Attorneys At Law, PLLC Today

Do not leave your case in the hands of the prosecution. A criminal defense attorney from our firm can help you get a fair result. Call or email us today to schedule a confidential consultation.