Austin Criminal Mischief Lawyer

In Texas, criminal mischief means you intentionally or knowingly damage someone else’s property without their permission, which could get you into serious legal trouble. The penalties for this can be harsh, ranging from hefty fines to long jail terms, depending on how much damage you caused. If you're facing these charges, it's vital to understand the serious nature of your situation and your next steps. You need to know not only what you're up against but also what defenses you might have and why it’s crucial to have a skilled defense lawyer by your side. 

Facing criminal mischief charges? Act fast to defend your rights. Call Cofer & Connelly, PLLC at (512) 991-0576 or contact us online. Trust our 100 years of combined experience and over 300 jury trials to fight for a reduced charge or favorable verdict.

What is Criminal Mischief?

Under Texas Penal Code Section 28.03, criminal mischief in Texas involves several specific actions against someone else's property without their permission. If you intentionally or knowingly damage or destroy someone’s property (e.g., breaking a window), you are committing criminal mischief. The key here is the property must be owned by someone else, and you must act either intentionally, meaning you meant to cause the damage, or knowingly, which means you were aware that your actions would likely cause damage.

Another way you can commit criminal mischief is by tampering with someone’s property in a way that leads to financial loss or a major inconvenience. Tampering means you mess with the property on purpose. For example, if you change the settings on someone's commercial freezer, causing all the stored food to spoil, that's tampering. It’s not just breaking things; it’s any action that meddles with how the property works, which then causes problems for the owner or someone else.

Lastly, making any unauthorized markings on someone's property also counts as criminal mischief. This includes writing, drawing, or spraying paint on property like buildings, signs, or vehicles. Whether it’s a slogan, a drawing, or some other mark, if it's done without permission, it's considered criminal mischief.

Defining Reckless Damage or Destruction of Property

Under Texas Penal Code Section 28.04, a person commits an offense if they recklessly damage or destroy another person's property without the owner's effective consent. Reckless behavior means acting without thinking about the possible harm that might result from your actions. It is different from intentional or knowing damage, which involves a deliberate act.

In simple terms, if you damage someone’s property by acting carelessly, you could be criminally charged. For example, if you were playing baseball and hit a ball through someone’s window, you might be considered reckless. This charge doesn’t require proof that you intended to cause damage, only that your actions were careless.

You can also be charged with this offense if you have an interest in the property that is damaged or destroyed, so long as another individual also has an interest in that property that you were not allowed to infringe upon.

Defining Graffiti Offenses in Texas

According to Texas Penal Code Section 28.08, graffiti is where a person intentionally or knowingly makes markings on another's property without the owner's consent. These markings can include inscriptions, slogans, drawings, or paintings. The tools commonly used to create graffiti include paint, indelible markers, and etching or engraving devices. This means that any deliberate marking made with these tools on someone else’s property can be considered graffiti.

Aggregated Graffiti Offenses

Texas law also allows for the aggregation of damages. If you mark multiple properties as part of a single scheme or ongoing conduct, the total damage can be added together to determine the level of the offense. For example, if you mark several properties causing a total damage of $4,000, you could be charged with a state jail felony, even if each individual act caused less damage.

Special Cases of Graffiti

Certain locations carry stiffer penalties for graffiti. If you mark any of the following, and the damage is between $750 and $30,000, you face a state jail felony: schools, institutions of higher education, places of worship or human burial, public monuments, or community centers providing medical, social, or educational programs. The law treats graffiti on these properties more seriously because of their societal importance.

Defining the Tools

The law specifies the tools that can lead to a graffiti charge. Aerosol paint is any paint that comes in a spray can. An etching or engraving device is any tool that can carve or mark surfaces, regardless of its intended use. An indelible marker is a marker that uses ink or paint that is specifically difficult to erase or wash off.

What Are the Penalties for Criminal Mischief & Destruction of Property?

The penalties for criminal mischief in Texas depend on the severity and cost of the damage, classified into misdemeanors and felonies. Each category carries different consequences in terms of fines and potential jail time.

Penalities for Misdemeanor Property Crimes

• For minor offenses where the damage is under $100, the charge is a Class C misdemeanor. This classification does not include jail time but could lead to a fine of up to $500.
• When damage costs range between $100 and $750, it escalates to a Class B misdemeanor. If convicted, you could face up to 180 days in jail and a fine not to exceed $2,000.
• For damages costing between $750 and $2,500, the offense is classified as a Class A misdemeanor. The penalties for this classification include up to one year in jail and a fine of up to $4,000.

Penalties for Felony Property Crimes

Moving to more serious damages, if the loss is between $2,500 and $30,000, or under certain conditions like the damage involving firearms or public utilities, the charge becomes a state jail felony. Penalties for a state jail felony include jail time between 180 days and two years, plus a fine up to $10,000.

For substantial damages costing between $30,000 and $150,000, or specific cases such as interrupting public services, the charge is a third-degree felony. This can result in two to ten years in prison and a fine of up to $10,000.

If the damage is even more severe, costing between $150,000 and $300,000, the offense is classified as a second-degree felony. The penalties increase to two to 20 years in prison and potentially the same $10,000 fine.

At the highest level, when damage exceeds $300,000, it qualifies as a first-degree felony. Conviction can lead to imprisonment for five to 99 years, or possibly for life, along with a fine of up to $10,000.

Collateral Consequences of a Criminal Mischief Conviction

Being convicted of criminal mischief can impact more than just your immediate freedom. It might be harder to get jobs, especially if they require trustworthiness. While the immediate penalties might involve a fine, there are other long-term implications to consider:

• Criminal Record: A conviction can result in a permanent mark on your criminal record. This can have implications for future employment, housing, and educational opportunities.
• Restitution: You may be required to pay restitution to the property owner. This means compensating the owner for the damage caused. The amount will depend on the extent of the damage and the cost of repairs or replacement.
• Civil Liability: Beyond criminal penalties, you might also face civil lawsuits. The property owner could sue you for damages, which might lead to financial burdens.

Remember, a conviction on your criminal record can follow you and affect various aspects of your life.

What is the Criminal Process for Criminal Mischief Charges?

If you're investigated or charged with criminal mischief in Texas, the process usually starts when someone reports an incident to the police. The police will investigate, and if there's enough evidence, they will charge you.

You will then be arrested and might have to stay in jail until your first court appearance, unless you post bail. At your first appearance, you will hear the charges against you and you will be asked to plead guilty or not guilty.

If you plead not guilty, the case will go to trial where all evidence against you and any defense you have will be presented.

During this time, it's crucial to have a criminal mischief lawyer to help protect your rights and build your defense. If found guilty, the judge will decide your sentence based on factors like your past record and the details of the incident. If you're found not guilty, you will be free to go.

Potential Defenses in Criminal Mischief Cases

In cases of criminal mischief, several defenses might apply depending on the circumstances of your case.

• Lack of Intent: One common defense is the lack of intent. If you didn't intend to damage or tamper with the property, this might be a key point in your defense. For example, if the damage occurred accidentally or without your knowledge, you could argue that there was no intentional or knowing harm.
• Consent of Property Owner: Another potential defense is consent. If the property owner gave you permission to use or alter the property in the way that led to the damage, you might use this as a defense. Proving that you had effective consent could negate the allegation of criminal mischief.
• Mistake of Fact: This involves a situation where you genuinely believed something to be true when it wasn't, leading to unintentional damage or tampering. For instance, if you mistakenly believed you were altering your own property, this might be a valid defense.
• Accidental Damage: If the damage was truly accidental and not reckless, this might serve as a defense. Recklessness involves a disregard for the potential consequences, so demonsrating that the damage was a genuine accident could help your case.
• Misidentification: Sometimes, property damage charges arise from mistaken identity. If you can show that you were not the person responsible for the damage, this could lead to the charges being dropped.
• Lawful Activity: if you were engaged in a lawful activity, like official military duties or regular agricultural labor, as outlined in the law, this could also serve as a defense. These defenses depend heavily on the specifics of your case, so discussing them with a knowledgeable lawyer is crucial.

Role of a Criminal Defense Lawyer in Criminal Mischief Cases

A criminal mischief attorney plays a crucial role in your case. They will represent you in court, fighting on your behalf. The lawyer will examine all the evidence, question its validity, and look for any flaws in the case against you. They'll also help you understand the charges and the potential outcomes. Your lawyer will work to develop a strong defense strategy based on the facts of your case.

They might negotiate with prosecutors to reduce the charges or seek a more favorable outcome like a lesser sentence or alternative penalties. If your case goes to trial, your lawyer will prepare and argue it in front of a judge or jury, aiming to show why you shouldn't be found guilty.

Overall, a criminal defense lawyer provides guidance and support throughout the legal process, ensuring that your rights are protected and that you have a defense against the charges you face.

Contact Our Austin Criminal Mischief Attorneys Today

If you're facing criminal mischief charges, it's critical to take quick action to protect your rights and future. Contact Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation with a criminal mischief attorney. People rely on Cofer & Connelly, PLLC for their defense against serious charges because we bring over 100 years of combined legal experience, have resolved over 25,000 cases, and successfully conducted more than 300 jury trials. Our experienced criminal mischief lawyers in Austin can work hard on your behalf, potentially reducing the charges or finding a favorable outcome.

Frequently Asked Questions

• What is criminal mischief? It's damaging someone else's property on purpose or by knowing your actions would likely cause damage..
• Can I go to jail for criminal mischief? Yes, depending on the damage severity, jail time ranges from a few days to several years.
• How is the damage cost estimated in criminal mischief cases? The cost is assessed by the value of the property damaged or repair costs involved.
• What defenses can I use in a criminal mischief case? Common defenses include lack of intent, consent by the property owner, or a mistaken belief about property ownership.
• Can criminal mischief charges be dropped? Yes, if you can prove lack of intent or consent, or demonstrate insufficient evidence, charges might be dropped.
• Does a criminal mischief conviction affect my future? Yes, it can impact job opportunities, housing options, and more because of a criminal record.
• What should I do if charged with criminal mischief? Contact a criminal defense lawyer immediately to understand your rights and prepare a defense.
• Can minors be charged with criminal mischief? Yes, minors can be charged, but they typically face juvenile court proceedings.