What is Criminal Mischief?
Have you been accused of criminal mischief in San Antonio, Texas? Most people are not aware that this crime exists crime they get arrested for it. If you have been accused of criminal mischief in San Antonio, Texas it is normal to wonder what that means and how the State will prove the case against you, or what that crime even means.
Criminal mischief is defined under the Texas Penal Code 28.03. This occurs when someone intentionally damages the property of another so that the property is not worth as much. The State needs to prove:
- That someone without the consent
- Intentionally or knowingly
- Destroyed or damaged
- The property of another.
How serious are criminal mischief accusations? These accusations can be very serious. The seriousness depends on the amount of damage done and the amount of monetary loss the property owner is claiming. If the damage caused is claimed to be less than $100 the charges can be the equivalent of a traffic ticket. However, if someone is accused of causing more than $2500 worth of damage they can be accused of a State Jail Felony with a punishment range between six months and two years in a State Jail Facility. If someone causes more than $300,000 worth of damage they can face first degree felony charges where the State can put the accused in prison for life or a minimum of five years.
How does a criminal defense attorney when someone is accused of criminal mischief? Most people with criminal mischief accusations have no criminal record. The criminal defense attorney’s job is to keep it that way. We will do everything within the law to get your case dismissed. This might mean that we argue that the damage was not caused intentionally, or that the owner somehow consented to the damage. We might also use alternative strategies like making up front restitution payments so that the State can justify dismissing the case.
No matter how serious your situation, we can come up with a strategy to get you the best possible result.