Board Certified Defense Backed by Former Prosecutor Experience
At Ceja Law Firm, we take criminal mischief cases seriously. Jose Ceja is a former prosecutor who is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He has successfully defended clients in Houston and across Texas against criminal mischief allegations and will aggressively pursue a dismissal or reduction of your charges.
Understanding Criminal Mischief Under Texas Law
Criminal mischief is defined in Texas Penal Code §28.03. A person commits this offense when they intentionally or knowingly, and without the property owner’s consent:
- Damage or destroy someone else’s tangible property;
- Tamper with property and cause monetary loss or substantial inconvenience; or
- Mark or paint property (e.g., graffiti).
Intent is key. The prosecution must show that the act was deliberate and not accidental, even if the damage was minor or the accused planned to fix it later.
The law also covers cases where someone damages property in which they have only a partial ownership interest, such as a jointly owned vehicle or apartment.
Penalties for Criminal Mischief in Texas
The punishment for criminal mischief depends primarily on the value of the damage caused. As of the most recent update to Texas law:
- Class C Misdemeanor: Less than $100 in damage – Fine up to $500
- Class B Misdemeanor: $100 to under $750 – Up to 180 days in jail
- Class A Misdemeanor: $750 to under $2,500 – Up to 1 year in jail
- State Jail Felony: $2,500 to under $30,000 – 180 days to 2 years in state jail
- Third-Degree Felony: $30,000 to under $150,000 – 2 to 10 years in prison
- Second-Degree Felony: $150,000 to under $300,000 – 2 to 20 years in prison
- First-Degree Felony: $300,000 or more – 5 to 99 years or life in prison
Enhancements apply if the damage involves critical infrastructure, schools, or public services. For example, even minor damage to a school can result in felony charges.
How to Beat a Criminal Mischief Charge in Texas
Successfully defending against a criminal mischief charge starts with understanding the specific facts of your case. At Ceja Law Firm, we employ a strategic, fact-based approach to undermine the prosecution’s claims and protect your future. Here are some common strategies to beat a criminal mischief case:
- Challenge the element of intent: The law requires that the act was committed “intentionally or knowingly.” If the damage was accidental, or your actions were misunderstood, the charge may not hold up in court.
- Dispute the property owner’s consent: If you had permission to alter or use the property—even informally—it can be a complete defense to the charge.
- Undermine the valuation: The severity of a criminal mischief charge often hinges on the claimed dollar amount of the damage. We work with experts to show that the alleged cost is inflated or unsupported.
- Present evidence of alibi or mistaken identity: Video footage, GPS data, and eyewitness testimony can all help demonstrate that you were not the person who committed the offense.
- Raise constitutional violations: If law enforcement obtained evidence through an illegal search or seizure or an illegally taken confession, we can file a motion to suppress that evidence, weakening the prosecution’s case.
- Negotiate for dismissal or pre-trial diversion: First-time offenders may qualify for alternatives to prosecution, including pre-trial diversion programs that result in the case being dismissed and eligible for expunction.
No matter the facts, Ceja Law Firm will tailor a defense strategy that gives you the best chance of walking away from the charge without a conviction.
Legal Defenses to Criminal Mischief
Ceja Law Firm will evaluate every aspect of your case to identify defenses such as:
- Lack of intent: Damage was accidental, not willful
- Consent: You had permission from the property owner
- Mistaken identity: You were not the person responsible
- Low or disputed value: The prosecution overstates the cost of repair or replacement
- Unlawful search or seizure: Evidence was obtained in violation of your rights
Additionally, we may be able to negotiate pre-trial diversion or deferred adjudication for first-time offenders.
FAQs About Criminal Mischief in Texas
Can criminal mischief charges be dropped?
Yes, particularly if evidence is weak, the value is low, or restitution is made early. Ceja Law Firm will fight for dismissal when possible.
What if I caused the damage by accident?
Accidents are not crimes. The law requires intentional or knowing action. If the damage was unintentional, we can raise that as a defense.
Will I go to jail for a criminal mischief charge?
Possibly, but many first-time offenders avoid jail through probation or dismissal. We fight to keep you out of jail and protect your record.
Can I expunge a criminal mischief charge?
Yes, if your case was dismissed or you were found not guilty you may qualify for an expunction. You may also qualify for a nondisclosure if you completed deferred adjudication.
Does it matter if the property is jointly owned?
Even if you partially own the property, you can still be charged. However, your share of ownership may reduce the amount of damage calculated.
How is the value of damage calculated?
Generally, it’s the lesser of the market value or the reasonable cost of repair. Expert or owner testimony may be required.
Is graffiti always considered criminal mischief?
Graffiti is a separate but related offense under §28.08 of the Penal Code. However, graffiti cases may also be prosecuted as criminal mischief depending on the facts.
Can I be charged if I didn’t touch the property?
Yes, if you helped someone else commit the act, or if your actions contributed to the damage indirectly, you may still be charged.
Will my criminal mischief case be dismissed if I pay restitution?
Depending on several factors, it is possible that an experienced criminal defense lawyer can negotiate a dismissal if restitution is paid.
How is the amount of damage calculated in a criminal mischief case?
The amount is usually based on either the fair market value of the property at the time of the offense or the reasonable cost to repair or replace it. If the fair market value can’t be determined, replacement cost may be used. In some cases, the prosecution can aggregate multiple acts of damage under one charge if they occurred as part of a single scheme.
Speak with a Houston Criminal Mischief Lawyer Today
If you or someone you love has been charged with criminal mischief in the Houston area, don’t take chances with your future. Ceja Law Firm is here to protect your rights, challenge the evidence, and fight for the best result. Call now for a free consultation.
