If you or your child has been accused of damaging someone else’s property, you may find yourself facing criminal mischief charges. While this offense may represent a low-level misdemeanor offense in many cases, it can be punished as harshly as a first-degree felony punishable by up to 99 years in prison in others.
Under the right circumstances and with the help of a skilled criminal defense lawyer, criminal mischief charges can be dropped or reduced. When hired early and in the appropriate case, we can reach out to the intake prosecutor reviewing the police file and try to persuade them to reject the case. If a case is filed, we can try to negotiate an alternative resolution like a pretrial intervention program or conditional dismissal. We can also try to persuade a prosecutor to dismiss or reduce the charge as part of a plea bargain negotiation.
An experienced criminal defense lawyer can discuss your legal options for seeking a reduction or dismissal of the charges to try to mitigate the impact they have on your life. Learn more about the charges against you and how a lawyer can help when you call The Law Office of Mike Howard for a 30-minute case evaluation.
What Is Criminal Mischief?
Texas Penal Code 28.03 defines criminal mischief as intentionally or knowingly damaging or destroying someone else’s tangible property, causing pecuniary loss or substantial inconvenience to the owner or a third party after tampering with someone else’s property, or making markings on someone else’s property without the property owner’s consent.
Criminal mischief can take many forms, including:
- Vandalism
- Graffiti
- Breaking doors or windows
- Damaging vehicles
- Interfering with or disrupting public utilities
To secure a conviction, the prosecution must prove beyond a reasonable doubt that the defendant was responsible for the property damage and the value of the damage.
How Can Criminal Mischief Be Charged?
This property crime charge comes with an extreme range of possible charges and associated penalties, ranging from no jail time and a fine of $500 all the way up to up to 99 years in prison. The primary factor that determines how this offense will be charged is the pecuniary loss suffered, which is the value of the property that the prosecution can prove was damaged. As the damage value increases, the potential penalties correspondingly increase. The nature of the property damage can also affect how the crime is charged.
The possible charge levels and penalties for criminal mischief in Texas are:
- Class C misdemeanor: This charge applies when the value of the pecuniary loss is under $100. It is punishable by a fine of up to $500 (no jail time).
- Class B misdemeanor: If the value of damage was more than $100 but less than $750, it can be charged as a Class B misdemeanor, punishable by a fine of up to $2,000 and a jail sentence of up to six months.
- Class A misdemeanor: If the offense involved property damage of more than $750 but less than $2,500, it can be charged as a Class A misdemeanor. It can also be charged as a Class A misdemeanor if the criminal mischief impaired or interrupted any public water supply or caused the installation or removal of any device to divert any public water supply, even if the amount of damage was not more than $750. This offense is punishable by a fine of up to $4,000 and a jail sentence of up to one year.
- State jail felony: Criminal mischief can be charged as a state jail felony, punishable by confinement in a state jail for a term of 180 days to two years and a fine of up to $10,000, if any of the following apply:
- The property damage was at least $2,500 but less than $30,000.
- The mischief was done to a habitation, and the defendant caused harm with a firearm or explosive weapon, even when the property damage was less than $2,500.
- The criminal mischief damaged a fence used to produce or contain cattle, bison, horses, sheep, swine, goats, exotic livestock or poultry, or game animals.
- The defendant caused the impairment or interruption of property used for flood control purposes, a dam, or of public communications, public transportation, public gas supply, or other public service.
- The defendant caused any public communications or public gas supply to be diverted wholly, partly, or in any manner, including the installation or removal of any device for any such purpose.
- The property was damaged, destroyed, or tampered with while removing or attempting to remove the catalytic converter from the motor vehicle.
- The damage was to a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs when the damage is $750 to $29,999.
- Third-degree felony: The penalty for a third-degree felony is a prison sentence of two to ten years and a fine of up to $10,000. You can be charged with a third-degree felony if you did any of the following during the criminal mischief:
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- Caused property damage of $30,000 but less than $150,000.
- Caused the death of a head of cattle, bison, or horse
- Caused the whole or partial impairment or interruption of access to an ATM, regardless of the amount of the loss
- Caused damage of less than $150,000 by wholly or partially impairing or interrupting property used for public water supply or causing any public power supply to be diverted wholly, partly, or in any manner, including the installation or removal of any device for such purpose
- Second-degree felony: This offense is charged when the pecuniary loss is at least $150,000 but less than $300,000. It is punishable by a term of two to twenty years and a fine of up to $10,000.
- First-degree felony: If the pecuniary loss is $300,000 or more, it is charged as a first-degree felony, punishable by a term of life or of five to 99 years and a fine of up to $10,000.
It’s essential that you understand the nature of the charges against you or your child, since the potential seriousness and penalties can vary so greatly. Generally, the lower the level of offense, the more likely the prosecutor would be willing to drop or reduce the charges. An experienced criminal lawyer can review the charges and explain what they mean.
The Importance of Dedicated Legal Representation in Seeking a Reduction or Dismissal of Charges
The criminal justice system often takes advantage of unrepresented individuals who may simply plead guilty to the offense without seeking legal counsel as a way to move on from the situation and prevent their financial situation from getting worse. However, when criminal defendants do this, they remove all of their leverage, as the prosecutor will have no incentive to try to reduce or drop charges.
By having an experienced Dallas criminal mischief attorney on your side who has a strong track record of securing positive outcomes in cases involving property crimes, you signal to the prosecution that you are serious about your case and protecting your rights. Mike Howard is a compassionate advocate, known for his excellent representation, relentless pursuit of justice, and quick thinking. He can examine the entire situation and leverage his vast experience to show the prosecution the defense he can mount on your behalf, thereby giving them a reason to negotiate a favorable plea deal or dismiss charges.
What Does It Mean to Drop or Dismiss Charges?
The prosecutor files criminal charges against defendants in court. If the prosecutor does not believe that they have sufficient evidence to prove a defendant’s guilt beyond a reasonable doubt, they must ask to drop the charges. Only the prosecutor has the right to request that the charges be dropped, not the property owner or alleged victim.
Dropping criminal mischief charges in Texas can also occur when a criminal defense attorney seeks a dismissal of the charges due to lack of evidence, procedural errors, entry into a diversion program, or other reason. The attorney may be able to convince the prosecutor to drop the charges.
What Is a Reduction in Charges?
While a dismissal of charges eliminates all criminal consequences, a reduction of charges still holds the defendant responsible for the conduct, but the penalties are less severe than they otherwise would have been if the defendant received a guilty verdict for the initial criminal mischief charges.
Criminal mischief plea deals in Dallas may reduce charges of criminal mischief to disorderly conduct or civil restitution agreements. Since most criminal mischief charges are misdemeanors as they involve property damage of less than $2,500, the prosecutor may be willing to accept an agreement in which the defendant agrees to pay the property owner for the value of the damage they committed, rather than seeking more punitive punishments, such as jail time.
Deferred adjudication may be another option. Under this arrangement, the defendant pleads guilty or no contest, but the court postpones or defers a formal finding of guilt. After the defendant completes the terms of the deferred adjudication, the case is dismissed, and there’s no conviction on the defendant’s record, which minimizes the long-term implications of being involved in the criminal justice system.
Steps a Criminal Defense Attorney May Take to Fight to Reduce or Drop Your Criminal Charges
An experienced criminal defense attorney can explain the law to you and advocate for the best outcome possible in your case, whether that means going to court to defend you, seeking to dismiss the charges, or negotiating a plea deal on your behalf. Your lawyer will focus on reducing any future implications of the charges against you.
A comprehensive legal plan may involve the following steps:
- Discussing the situation with you to understand what happened and your motivations
- Explaining the situation to the prosecutor when appropriate, if this can help reduce your culpability, such as by showing you had no intent to cause property damage
- Working out a restitution agreement in exchange for dropping or reducing the charges against you
- Investigating available pretrial diversion programs that can help minimize the impact of a conviction on your future
- Contesting the value of the property damage involved, as the perceived value can significantly affect the severity of the charges against you
- Calling attention to procedural issues that justify a dismissal of the charges
Your lawyer may employ a multi-faceted approach that challenges the strength of the prosecution’s case and offers alternatives to battling your case out in court.
Contact The Law Office of Mike Howard for a Confidential Consultation
If you are facing charges for criminal mischief, the attorney you select for your defense can be a critical factor in the potential outcome of your case. At the Law Office of Mike Howard, we understand the stressfulness inherent in being charged with a crime, and we want to fight to prevent this offense from affecting your day-to-day life. By seeking legal guidance from a qualified criminal defense attorney as early as possible, you increase likelihood that of a dismissal or reduction of the charges against you.
We offer a 30-minute case evaluation in which we can discuss your particular situation and how we can help. Contact us today to schedule yours.
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