August 18, 2017

Criminal Mischief Defense

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CRIMINAL MISCHIEF DEFENSE
Criminal Mischief Defense Attorney

A person who has been charged with criminal mischief should seek advice from a Houston criminal defense attorney. Vandalism, and destruction of property are considered “criminal mischief” which will be charged either a misdemeanor of a felony depending largely on the amount of damage to the property.

Brittany Carroll Lacayo represents individuals charged with criminal mischief throughout the greater Houston area. Brittany Carroll Lacayo will fight to achieve the best possible result for your case. Call Brittany Carroll Lacayo’s office at 713-504-0506 to speak with her directly, or you can fill out an online case evaluation form to schedule a free initial consultation and case evaluation.


Misdemeanor Criminal Mischief

Generally, the amount of property damage will determine how the crime is charged.

Property Damage Classification Punishment
$500 or more,

but less than $1,500

Class A Misdemeanor Sentence: Up to 1 year in jail

Fine: Up to $4,000

$50 or more, but less than $500 Class B Misdemeanor Sentence: Up to 180 days in jailFine: Up to $2,000
Less than $50.00 or if it causes “substantial inconvenience to others.” Class C Misdemeanor Sentence: NoneFine: Up to $500


Felony Criminal Mischief

In Texas if the damage to property caused by criminal mischief is $1,500 or more in value, the crime with be a felony.  If you are charged with felony criminal mischief, your lawyer may be able to show the property damage falls below $1,500 and therefore, the crime would be considered a misdemeanor. Your attorney may also be able to negotiate a plea bargain to have the charges reduced to a misdemeanor. Typically, the amount of property damage will determine how the crime is charged.

Property Damage Classification Punishment
$200,000 or more First Degree Felony Sentence: 5 — 99 years in prisonFine: Up to $10,000
$100,000 ore more, but less than $200,000.00 Second Degree Felony Sentence: 2 — 20 years in prisonFine: Up to $10,000
$20,000 or more, but less than $100,000 Third Degree Felony Sentence: 2 — 10 years in prisonFine: Up to $10,000
$1,500 or more but less than $20,000 State Jail Felony Sentence: 180 days — 2 years in a state jailFine: Up to $10,000

Criminal mischief will also become an automatic felony under certain circumstances, regardless of the dollar amount. For example, if the property damages is someone’s home, and the damage is caused by a firearm or explosive weapon, the offense will become a state-jail felony punishable by 6 months to 2 years in prison and up to a $10,000 fine even if the property damage is less than $1,500. Additionally, the offense will be characterized as a state-jail felony where the individual damages a church, community center, or cemetery and the damage is anywhere less than $20,000.


GRAFFITI

Graffiti is using aerosol paint, an indelible marking, or an etching or engraving device to make markings on someone else’s property without their permission. Typically, the amount of property damage will determine how the crime is charged.

Property Damage Classification Punishment
Less than $500 Class B Misdemeanor Sentence: Up to 180 days in jailFine: Up to $2,000
$500 or more,

but less than $1,500

Class A Misdemeanor Sentence: Up to 1 year in jailFine: Up to $4,000
$1,500 or more,

but less than $20,000

State Jail Felony Sentence: 180 days – 2 years in state jailFine: Up to $10,000
$20,000 or more,but less than $100,000 Third-Degree Felony Sentence: 2 – 10 years in prisonFine: Up to $10,000
$100,000 or more,

but less than $200,000

Second-Degree Felony Sentence: 2 – 20 years in prisonFine: Up to $10,000
$200,000 or more First-Degree Felony Sentence: 5 – 99 years in state prisonFine: Up to $10,000

Graffiti will automatically become a state jail felony if the marking is made on a school, a cemetery, a public monument, or a community center even when the amount of property damage is less than $20,000.


In certain circumstances Brittany Carroll Lacayo may be able to negotiate an arrangement where the charges will be dismissed in exchange for your agreement to repair the damage caused to the property. This may or may not be an option depending on your particular case.


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship


Brittany Carroll Lacayo, Houston Criminal Defense Attorney Areas of Practice
DUI/DWI/Drunk Driving Defense Illegal Drug Charges Defense Marijuana Charges Defense
Meth Charges Defense Violation of Probation Charges Defense Assault Charges Defense
Domestic Violence Charges Defense Clear Your Record/Expunge Your Record Criminal Mischief Charges Defense