Criminal mischief is a criminal offense that is frequently charged in the Greater Houston area and throughout Texas. Generally, criminal mischief involves an allegation that a person damaged or destroyed property or, in some instances, diverted or interfered with public utilities, such as telephone, water, or power service.
Regardless of your case, if you are charged with criminal mischief, the goal is to protect you and your freedom. In order to maximize your chances of keeping a criminal mischief case off of your record, it is a good idea to speak with an our criminal defense attorney Jose Ceja as quickly as possible.
How to Beat a Criminal Mischief Case
The goal of a criminal mischief case should be to get the charge dismissed and your records expunged. In order to evaluate your case and create the best defense for your criminal mischief case, our criminal defense attorney will first need to obtain all of the evidence. In most criminal defense cases, this will include the offense report, videos (such as body cameras and witness statements), photographs, and documents estimating the value of the loss alleged.
Possible Defenses to Criminal Mischief Charges
As in many criminal cases, the best defense will depend on the facts of your case. Sometimes it is possible to argue that the State cannot prove the identity of the person alleged to have committed criminal mischief. If there is no video of the incident and no persuasive statements from witnesses (including the defendant), it may be difficult for the police to prove a criminal mischief case.
It is also sometimes possible to argue that although the identity has been established, there was no intent to commit criminal mischief. As noted above, one of the elements that the State of Texas must prove in a criminal mischief case is that the offense was committed “knowingly or intentionally” so if the act alleged was an accident, a person cannot be convicted of criminal mischief.
There are other less frequently used defenses, such as necessity (that the act alleged needed to be done to prevent worse harm). In many cases, it may also be a good idea for a criminal defense attorney to contest the value of the damages alleged. An experienced defense lawyer like Jose Ceja can review all of the available defenses in a criminal mischief case with you.
Can I Get My Case Dismissal?
Even if the State of Texas can prove a person is guilty of criminal mischief, an experienced criminal defense lawyer can often negotiate a dismissal of the case in exchange for payment of the damages to the complaining witness (known as restitution). Also, if the person accused has little or no criminal history, the State of Texas may consider allowing the person to complete a pre-trial diversion program, which is essentially a contract with the District Attorney’s Office stating that a criminal mischief case will be dismissed if certain conditions are met. In the Houston area, it is common to obtain dismissals in criminal mischief cases by either paying restitution or the completion of a pre-trial diversion contract.
As noted above, if your criminal mischief case is dismissed, you will typically be eligible to have the case expunged, which is the best result in a criminal case, since it leads to the destruction of all records relating to the arrest. After the expunction of a criminal mischief case, a person is even allowed to deny the existence of the arrest under Texas law in most cases.
If your criminal mischief case is not dismissed, you may have to choose between a trial and a plea agreement. In this situation, your criminal defense attorney should go over the evidence with you to allow you to make an informed decision. Winning a trial in a criminal mischief case would allow you to get your records expunged, but you cannot obtain an expunction if you are placed on any type of probation. If you have the option of regular probation or deferred adjudication probation in a criminal mischief case, one advantage of deferred adjudication is that you may be eligible to have your records sealed if you successfully complete it.
Will My Criminal Mischief Case Be Dismissed if I Pay Restitution?
Depending on your criminal history, the nature and extent of the alleged damages, and other factors, it is possible that your attorney can negotiate a dismissal if restitution is paid. However, you should consult an experienced criminal mischief defense attorney before taking any steps that could affect your case. For example, in some cases, it may be better to use the payment of restitution as a bargaining chip than to pay it upfront.
What Are The Elements of Criminal Mischief?
Under Texas Penal Code 28.03, criminal mischief can be charged in several ways: A person can be charged with criminal mischief for intentionally or knowingly damaging or destroying the property of another, tampering with the property of another resulting in financial loss, engaging in graffiti on the property of another, or impairing or diverting public utilities such as telephone, water, power or gas.
Most commonly, criminal mischief is charged after a person is alleged to have damaged the property of another. In the Houston area, most criminal mischief cases involve damage to vehicles, windows, doors, or surveillance systems, but damage to any object can form the basis of a criminal mischief charge.
The level of offense for a criminal mischief charge is based on the amount of loss alleged. Criminal mischief can range from a misdemeanor to a felony depending on the value of the property alleged to have been damaged or whether a person is accused of interfering with or diverting certain public utilities. Here are some classifications:
- Less than $100 is a Class C misdemeanor, punishable by fine only.
- $100-$750 is a Class B misdemeanor punishable by up to 180 days in jail and a $2000 fine.
- $750-$2500 is a Class A misdemeanor punishable by up to a year in jail and a $4000 fine.
- $2500-$30,000 is a State Jail Felony punishable by 180 days to 2 years in State Jail and a fine of up to $10,000.
- $30,000-$150,000 is a Third-Degree Felony punishable by 2 to 10 years in prison and a fine of up to $10,000.
- $150,000-$300,000 is a Second-Degree Felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
- $300,000 or more is a First-Degree Felony punishable by 5 to 99 years and a fine of up to $10,000.
As noted above, criminal mischief can also be charged with diverting or interfering with public utilities. Although this type of criminal mischief is not frequently charged in the Houston area, if this type of criminal mischief is alleged, the offense may not be subject to the above ranges and may be treated more seriously. An experienced criminal defense lawyer can help you understand the less commonly charged forms of criminal mischief.
What are Some Examples of Criminal Mischief?
In Texas, the criminal mischief statute is very broad and covers a variety of acts. In the Houston area, most criminal mischief cases involve the malicious destruction or damage of a person’s property but there are many other examples. Below are some common examples of criminal mischief:
- Breaking windows or fixtures in a home
- Graffiti, including the spray painting of walls
- Damaging an automobile, including keying or slashing the tires or breaking a windshield
- Damaging or clogging toilets or septic systems
Essentially any property that is intentionally or knowingly damaged can form the basis of a criminal mischief charge. Additionally, as noted above, there are also other ways that criminal mischief can be charged in Texas, such as the interference with public utilities, though that is less commonly charged.
What can I expect at my first court date on a criminal mischief charge in Houston?
Criminal mischief cases typically take several months to resolve and your first court date on a criminal mischief charge in Houston will usually involve the setting of bond conditions by the judge. Bond conditions are the rules that you must follow while the case is pending and you are on bond. Bond conditions in a criminal mischief case can include not returning to the scene of the alleged incident, not committing any additional crimes and, depending on the facts of the case, other conditions, such as no alcohol or drugs and no firearms. You will not be asked to say or do anything at a first court date on a criminal mischief charge, other than to acknowledge your bond conditions.
Do I need a lawyer for my criminal mischief charge?
As a defendant in a criminal case, you have the right to represent yourself. However, representing yourself in a criminal case, including a criminal mischief case, it almost always a very bad idea. The process of obtaining evidence, investigating a case (including speaking with witnesses), negotiating with prosecutors, and evaluating a case can be very complex, and a person who is inexperienced in the law and criminal defense will be at a huge disadvantage.
Attorney Jose Ceja regularly obtains excellent results for clients throughout the Greater Houston area, including people charged with criminal mischief. For more information, please visit our frequently asked questions for criminal mischief. If you are charged with criminal mischief, Mr. Ceja is happy to offer you a free consultation to discuss your situation in more detail.
