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Criminal Mischief in Texas

Criminal Mischief in Texas is defined under Texas Penal Code Section 28.03. Criminal mischief is usually considered a misdemeanor and basically results when someone knowingly or intentionally damages or destroys another person’s property without the property owner’s consent.

What Is the Law in Texas Regarding Criminal Mischief?


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

(1)  he intentionally or knowingly damages or destroys the tangible property of the owner;

(2)  he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person;  or

(3)  he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.

Penalties or Punishment for Criminal Mischief in Texas

The penalties or punishment in Texas for a criminal mischief charge will vary, depending on whether the charge is classified as a misdemeanor or felony. For example, causing less than $50 in damage or loss to the property or causing a “substantial inconvenience to others” is classified as a Class C misdemeanor. However, causing $1,500 or more but less than $20,000 in damage can cause the criminal mischief charge to be classified as a state jail felony. These are just two examples of how a criminal mischief charge can be classified in Texas.

Austin Criminal Mischief Lawyer

If you or your child has been arrested or charged with criminal mischief in Austin or Travis County and you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. The Law Office of Kevin Bennett offers free initial legal consultations. You may also contact us through email.

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