Criminal Mischief in Fort Worth
Criminal mischief is a common crime in Texas and one that we often see committed by young people. According to Texas Penal Code Section 28.03, criminal mischief occurs when an individual intentionally damages or destroys property, tampers with property, causes substantial inconvenience to the property owner, or creates markings of some kind on an owner’s property. The key to this charge is the damage to the property, not possession.
What are the Types of Criminal Mischief?
Types of property damage that may be categorized as criminal mischief include breaking windows, keying cars, egging houses, smashing mailboxes, destroying school property and defacing a public building with spray paint. It is important to note that individuals who damage their own property cannot be convicted of criminal mischief unless they share ownership with someone else. Examples of criminal mischief can include:
- Damage to a house
- Damage to a business
- Damage to a vehicle
- Damage to a school
- Defacing private or public property
Punishment for this offense is generally decided by the monetary damage.
What is the Punishment for Criminal Mischief?
Criminal mischief in Texas can be punished as a misdemeanor or as felony depending on the amount of damage that was caused. For example, if the damage was less than $100, you could be facing a Class C misdemeanor punishable by up to a $500 fine. If the damage was between $1500 to $30,000, you could be looking at up to two years in a state jail facility. In some cases, it is possible to get this charge dismissed in exchange for repair or repayment of the property damage to the owner. That’s why it’s important to talk to a skilled defense attorney as soon as possible. Here’s a look at the breakdown of punishment ranges:
- Under $100 – Class C misdemeanor punishable by a maximum $500 fine.
- Between $100 and $750 – Class B misdemeanor, punishable by up to 180 days in jail.
- Between $750 to 2500 – Class A misdemeanor, punishable by up to a year in jail.
- Between $2500 and $30,000 – State jail felony punishable by up to two yeas in a state jail.
- Between $30,000 and $150,000 – Third degree felony punishable by up to 10 years in prison.
- Between $150,000 to $300,000 – Second degree felony punishable by up to 20 years in prison.
- More than $300,000 – First degree felony punishable by up to life in prison.
Actual Case Results · Varghese Summersett
Varghese Summersett Case Results in Criminal Mischief Cases
What turns criminal mischief into a felony is an estimate, and estimates can be tested. Every case below is a real matter our attorneys handled and resolved for an actual client of this firm. These are Varghese Summersett’s own results, not hypotheticals, not industry examples, and not another firm’s work. Identifying client details have been removed.
State Jail Felony Criminal Mischief Dismissed in Tarrant County
- Charge
- Criminal Mischief, alleged loss of $2,500 to $30,000
- Charge level
- State jail felony
- What our client faced
- 180 days to 2 years in a state jail facility and a fine up to $10,000
- Venue
- Tarrant County
- Handled by
- Varghese Summersett
Our client was charged with criminal mischief alleging a loss between $2,500 and $30,000, which put a state jail felony and 180 days to two years of confinement on a case that began as an argument over a handicapped parking space. The number came from a repair estimate, and the estimate included over $1,000 for trim that the vendor’s own paperwork described as undamaged. That alone put the felony grade in question. The rest of the file was no better for the State. Responding officers had told the complaining witness at the scene that opening our client’s vehicle door and leaning into his face could itself support a criminal trespass allegation. Two eyewitnesses gave incompatible accounts, and the one who had been present for the entire incident, an event manager, described the complaining witness as the aggressor and said she never saw our client strike anything. The State’s own evidence submission form listed body-camera footage and 911 audio that were never handed over in discovery.
Result Varghese Summersett obtained: the prosecution dismissed the case outright. No plea, no conviction, no supervision.
An accusation is not a conviction. Past results do not guarantee future outcomes, and every case depends on its own facts.
Building a Defense for a Charge of Criminal Mischief in Fort Worth
Generally, a property offense charge relies heavily on the physical evidence and witness statements. Police must show that the defendant knew he or she didn’t have the right destroy or damage the property, that the accused intended to destroy or damage it and that the accused physically committed the act that caused the damage. One of the most effective ways to combat criminal mischief charges is by challenging the reliability of the physical evidence and the legality of the process police used to find it.
A knowledgeable attorney can explain the law and the potential consequences. If you are a first-time offender under age 24, you may be eligible for a diversion program that can keep your record clean. The Fort Worth criminal mischief attorneys at the law firm of Varghese Summersett can help. Contact us today to find out your legal options.