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Facing a criminal charge for criminal mischief in Texas can be a tough situation to be in. Criminal mischief is a criminal offense where a person intentionally damages the property of another person without consent. If you are facing such a charge, it is crucial to understand what it entails and the potential consequences of the offense. This blog post will provide you with an overview of the information you need to know about Texas criminal mischief and its penalties.
Criminal mischief is an offense that happens when a person intentionally damages or destroys the tangible property of another person. Examples of property damage include defacing, vandalizing, and destroying the property. In some cases, a person may be guilty of criminal mischief if they tamper with the property to affect its value or functionality. For example, puncturing the tires of a car can qualify as criminal mischief even though the vehicle is not necessarily destroyed.
Penal code 28.03 of Texas provides the definition and the criminal penalties of criminal mischief offenses. The penalties for criminal mischief depend on the severity of the offense. Criminal mischief in Texas can be classified as a misdemeanor or a felony charge. For a person to be charged with criminal mischief, the damages must be worth more than $100. The penalties for criminal mischief in Texas are as follows:
Class C misdemeanor: for damages less than $100 and the offender is fined not more than $500.
Class B misdemeanor: for damages ranging from $100 to $750. The offender may have to face a fine not exceeding $2,000 or a jail term of up to 180 days, or both.
Class A misdemeanor: for damages ranging from $750 to $2,500. The offender may have to face a fine not exceeding $4,000 or a jail term of up to one year, or both.
State Jail felony: for damages ranging from $2,500 to $30,000. The offender may be incarcerated in a state jail for up to two years with a fine not exceeding $10,000.
Third-degree Felony: for damages ranging from $30,000 to $150,000. The offender may be imprisoned for up to ten years with a fine not exceeding $10,000.
Second-degree felony: for damages exceeding $150,000. The offender may face up to twenty years in prison, with a fine not exceeding $10,000.
A skilled criminal defense attorney-lawyer can help you fight against criminal mischief charges by providing you with the following defenses:
Lack of intent: The offender did not willfully destroy or damage the property.
Ownership dispute: The person being charged genuinely believed that the property belonged to them and not the victim.
Consent: The victim gave the accused permission to destroy or damage the property.
Duress or Coercion: The person who damaged the property acted out of fear or was forced to do so by someone else.
Criminal mischief charges in Texas are no laughing matter as they can have life-changing repercussions. It is, therefore, essential to understand the charges, the potential defenses available, and the consequences of a conviction. If you are facing criminal mischief charges, you need a skilled criminal mischief attorney who will fight to protect your rights and your future. Remember, an experienced criminal defense lawyer-attorney can help you negotiate for reduced sentencing, plead for diversion programs, or have the charges dismissed altogether. Don't wait; contact us today!
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