Austin Criminal Mischief Attorney

Defending Clients Against Vandalism & Other Property Damage Charges in Texas

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.