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Hypathetically speaking what specifically is the definition of criminal mischief?

Longview, TX |
Filed under: Criminal defense

If damaging certain property, and the damage exceeds 1,500 dollars? what class of a charge is that, and what else would the ramafications be?

Attorney Answers 2


Criminal mischief: A crime against property; the willful damaging of the property of another. Punishable under the criminal law. Such offenses include but are not limited to throwing rocks through windows, spray painting graffiti, slashing car tires or other acts of vandalism.

A criminal defense attorney in your jurisdiction would be more able to discuss the specifics of a particular case and I highly recommend that you do not post any further information, but that you retain an experienced criminal defense attorney to help with this.

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Texas Penal Code: Section 28.03 Criminal Mischief

A person commits an offense if, without the effective consent of the owner:

- He intentionally or knowingly damages or destroys the tangible property of the owner;
- He intentionally or knowingly tampers with the tangible porperty of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; OR
- He intentionally or knowingly makes markins, including inscriptions, slogans, drawings, or paintings, on the tangible proerty of the owner.

The degree of the offense is qualified on a value ladder.

Class C - less than $50
Class B - $50 -> $500
Class A - $500 -> $1,500
State Jail Felony - $1,500 -> $20,000
And on up from there.

There are special rules if the property is a home, certain livestock, public services, etc.

The consequences vary as well. Deferred Adjudication and Probation are options that are allowed but not always offered.

Class C is a fine up to $500.
Class B is up to 180 day in jail and up to a $2,000 fine.
Class A is up to a year in jail and up to a $4,000 fine.

A State Jail Felony carries a punishment from 6 months to two years in prison, and up to a $10,000 fine.
(Texas Penal Code, Chapter 12)

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