Criminal Mischief Laws and Punishment in Texas

In Texas, criminal mischief is a legal term that is used to refer to a variety of illegal actions. In different circumstances, criminal mischief may involve activities including:

• Vandalism
• Property damage
• Tampering with the belongings of others

Because this crime covers a range of different behaviors, the punishments for it can range from moderate to severe.

Texas Criminal Mischief Punishments

The legal penalties for criminal mischief in Texas are usually based on the value of the property that was damaged, lost or tampered with. For example, minor damage will usually only be punished with a fine but damaging expensive structures can lead to jail time. Additionally, punishments may be increased based on the way the damage was caused. Spray painting the side of a building may be punished less harshly than setting off an explosive device in a building.

Minor cases of criminal mischief can include activities like graffiti, breaking windows or tampering with gates and fences. These actions are considered illegal if they are done intentionally and knowingly without the owner’s consent. If the total financial loss resulting from this kind of damages is assessed at $50 or less or if others have been considerably inconvenienced, the penalty may be:

• Conviction on a Class C misdemeanor charge
• A fine of up to $500
• Possible mandatory restitution to the owner of the damaged property

If the damage to the property or the value of the lost property is assessed at more than $50 but less than $500, the possible punishments could include:

• Conviction on a Class B misdemeanor charge
• Incarceration in jail for up to 180 days
• A fine of up to $2000

For criminal mischief resulting in property damage from $500 to $1500, or property damage valued at less than $1500 but which results in interruption to public transportation, communications or a public water supply, the penalties can include:

• Conviction on a Class A misdemeanor charge
• Incarceration in jail for up to one year
• A fine of up to $1000

Felony Criminal Mischief Penalties

Incidents of criminal mischief that result in large amounts of property damage may lead to felony charges. Felony charges may also occur if the criminal mischief seriously disrupts public services, if fire or explosives are used or if livestock fences are damaged.

Criminal mischief that results in damages of $1500 to $20,000 or criminal mischief that damages $1500 or less of property but involves fire, explosives or damage to a livestock fence can lead to:

• Conviction on state jail felony charge
• Incarceration in state jail for 180 days or up to two years
• A fine of up to $10,000

Criminal mischief that results in damage valued at $20,000 up to $100,000 can lead to:

• Conviction on a third degree felony charge
• *Incarceration in prison for two to 10 years
• A fine of up to $10,000

Incidents of criminal mischief that cause property loss or damage valued at $100,000 up to $200,000 can be penalized by:

• Conviction on a second degree felony charge
• Incarceration in prison for two to 20 years
• A fine of up to $10,000

Criminal mischief cases that cause property damage in excess of $200,000 can be punished with:

• Conviction on a Class A misdemeanor charge
• Incarceration in prison for five to 99 years
• A fine of up to $10,000

Texas Criminal Mischief Defenses

Although criminal mischief charges are serious, it’s possible to construct a solid legal defense against these charges. In many cases, incidences of criminal mischief can involve young people who engage in graffiti or minor vandalism. A defense attorney may be able to strike a deal with the court to exchange a guilty plea for a lessened sentence.

Minors or first-time offenders who are charged with criminal mischief may be allowed to receive deferred adjudication instead of probation as a punishment. This means that if the defendant is able to stay out of trouble and successfully complete a period of supervision, the charges will be dropped and the defendant’s record will be expunged.

In some cases, the defendant may be allowed to make restitution to the property owner for the value of the damaged or lost property. A defense attorney may be able to negotiate with the judge to allow the defendant to make restitution instead of being incarcerated or placed on supervision.

If you’ve been accused of criminal mischief, contact The Law Office of Greg Tsioros at (832) 752-5972 or email greg@txcrimdefense.com. We will fight aggressively to preserve your rights and protect you future.