San Antonio Criminal Mischief Defense Attorney
In the state of Texas, criminal mischief is defined as intentionally or knowingly causing damage to the property of another person or to property that is jointly owned. This offense is punishable by law and is outlined in Texas Penal Code 28.03.
There are several ways that an individual can be charged with criminal mischief in Texas. One way is if the individual intentionally or knowingly damages the property of another person. This includes things like graffiti, vandalism, and destruction of property. It is important to note that the damage does not have to be permanent in order for the individual to be charged with this offense.
Another way that an individual can be charged with criminal mischief is if they intentionally or knowingly tamper with the property of another person in a way that causes substantial inconvenience. This could include things like tampering with someone’s car, cutting their phone lines, or disrupting their utility services.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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Defenses to Criminal Mischief in Texas
There are several defenses that may be used in a criminal mischief case in Texas. These defenses include:
- Lack of intent: In order to be found guilty of criminal mischief in Texas, the prosecution must prove that the individual acted intentionally or knowingly. If the individual did not intend to cause damage or tamper with the property, they may be able to use lack of intent as a defense.
- Consent: If the individual had the consent of the owner of the property to damage or tamper with it, they may be able to use this as a defense. However, it is important to note that the consent must be obtained before the damage or tampering occurs.
- Alibi: An alibi defense is used when the individual can provide evidence that they were not present at the location of the crime at the time it was committed. If the individual can provide a solid alibi, it may be difficult for the prosecution to prove their guilt.
It is important to note that these are just a few examples of potential defenses in a criminal mischief case. The specific defenses that may be available will depend on the circumstances of the case. An experienced criminal defense attorney will be able to advise on the best defense strategy for a particular case. Brad Thornton is one of the best criminal defense attorneys in San Antonio, Texas
Punishment Ranges
| Level of Offense | Potential Incarceration | Potential Fine |
| First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
| Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
| Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
| State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
| Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Punishment for Criminal Mischief in San Antonio, Texas
Here is a value ladder list of the punishments for criminal mischief in Texas based on the value of the damage caused:
- Value of damage less than $100: Class C misdemeanor, fine of up to $500.
- Value of damage between $100 and $750: Class B misdemeanor, fine of up to $2,000 and up to 180 days in jail.
- Value of damage over $750 but less than $30,000: Class A misdemeanor, fine of up to $4,000 and up to one year in jail.
- Value of damage over $30,000 but less than $150,000: Third-degree felony, fine of up to $10,000 and up to 10 years in prison.
- Value of damage over $150,000 but less than $300,000: Second-degree felony, fine of up to $10,000 and up to 20 years in prison.
- Value of damage over $300,000: First-degree felony, fine of up to $10,000 and up to 99 years in prison.
It is important to note that these penalties can be enhanced if the individual has previous convictions for criminal mischief or if the offense was committed in conjunction with another crime, such as burglary or theft.
Board-Certified Criminal Defense Attorney Brad Thornton
If you have been charged with criminal mischief in San Antonio, Texas, it is important to seek the help of an experienced criminal defense attorney. Board-certified criminal defense attorney Brad Thornton is a top criminal mischief defense attorney in San Antonio and is an excellent choice for representation in this type of case.
Mr. Thornton is a former chief prosecutor, which means that he has a wealth of experience on both sides of the courtroom. He understands the tactics that prosecutors may use to try to secure a conviction, and he knows how to effectively counter these tactics in order to protect his clients’ rights.
In addition to his experience as a prosecutor, Mr. Thornton is also a board-certified criminal defense attorney. This means that he has demonstrated a high level of knowledge and expertise in this area of law, and he is dedicated to providing top-quality representation to his clients.
If you have been charged with criminal mischief in San Antonio, it is important to act quickly to protect your rights. Mr. Thornton offers a free consultation to help you understand your options and to begin building a strong defense. Contact his office today to schedule your free consultation and take the first step towards protecting your rights and your future.
