According to Texas Penal Code Section 28.03, criminal mischief occurs when an individual intentionally damages or destroys property, tampers with property, causes a loss of inconvenience to the property owner, or creates markings of some kind on an owner’s property. Key to criminal mischief is the damage of the property not possession.
Criminal mischief in Texas is punishable as a misdemeanor or as a lesser felony that carries the potential for jail time of up to ten years. The punishment sought depends on the specifics of the crime such as whether the crime was committed intentionally or recklessly and on the value of the damage. It is possible to get this case dismissed in exchange for repair or repayment of the property damage to the owner.
Types of property damages that are categorized as criminal mischief include breaking windows, keying windows, destroying school property and defacing another person’s house 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.
Punishment for this offense is generally decided by the monetary damage.
Generally, a property offense charge relies heavily on physical evidence and witness statements. Police must show that the accused knew he 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. The most effective way 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 could work with a person who has been charged with criminal mischief in Fort Worth and determine how to best proceed. To learn more, call today.