What Happens After You Get Arrested in Texas? A Step-by-Step Guide for Denton County Residents

While criminal mischief might sound like a minor offense, it can come with serious penalties depending on the exact nature of the allegations. The penalties for this offense range from misdemeanor to felony punishments, which means that the prosecutor could seek a sentence of years of incarceration. To protect your rights in a criminal mischief charge, be sure to get in contact with a Denton County, TX criminal defense lawyer. Fighting a charge of criminal mischief requires a close review of the events leading up to your arrest. At Magaña & Van Dyke, we have the skills and resources to investigate your case, drawing on decades of legal experience to develop a comprehensive defense strategy. What Is Criminal Mischief Under Texas Law? Every state has its own interpretation of what constitutes criminal mischief. Under Sec. 28.03 of the Texas Penal Code, criminal mischief is a property crime that involves intentionally or knowingly damaging another person’s property without his or her permission. The law provides multiple definitions of criminal mischief, including tampering with property, causing monetary loss through property damage, and defacing property with graffiti or drawings. Pranks resulting in property damage to someone else, like vandalizing a car or smashing a mailbox, can easily result in charges of criminal mischief. If you have been accused of this offense, you should seek legal representation immediately, as any statements you make to law enforcement could be used against you in court. What Are the Punishments for Criminal Mischief? The penalties for criminal mischief can vary wildly, but in many cases, the charge depends on the pecuniary loss – in other words, how much the act of criminal mischief cost the victim. When the damage is under $100, criminal mischief is a Class C misdemeanor – the lightest misdemeanor offense you can be charged with, punishable only by a fine. As the property damage escalates, so do the penalties. Any pecuniary loss of more than $2,500 will result in state jail felony charges, carrying up to two years in prison. When the damage exceeds $30,000, you can be charged with a third-degree felony, punishable by a decade in prison. Other factors aside from pecuniary loss can lead to harsher sentencing. For example, breaking an ATM in an act of criminal mischief is always charged as a third-degree felony. Some acts of criminal mischief can overlap with other crimes, like arson or criminal trespass, which can expose you to even steeper penalties. Is Consent a Defense to Criminal Mischief? You can be charged with criminal mischief if you tamper with property without the property owner’s consent. If you had the property owner’s clear permission to destroy, damage, or deface his or her property, you can potentially seek a dismissal of charges. Testimony from the property owner or other witnesses can support your claims in court. That being said, if you were accused of another crime in addition to criminal mischief (such as recklessly starting a fire), the property owner’s consent is not an all-encompassing defense. Contact a Cooke County, TX Criminal Defense Lawyer A charge of criminal mischief can have unexpectedly strict penalties. To protect your rights, reach out to the skilled Denton County, TX criminal law attorneys at Magaña & Van Dyke. We offer free consultations at 940-382-1976.

Felony charges should always be taken seriously, as they have the potential to impact the rest of your life if you are convicted. Compared to misdemeanors, felony offenses have longer jail sentences due to the gravity of the crimes. If you have been arrested for a felony, whether for a violent offense, a white collar crime, or something else altogether, a Cooke County, TX criminal defense lawyer can help. At Magaña & Van Dyke, we have successfully defended many clients accused of felony charges. While our past results are not a guarantee of future results, you can rest assured that when you work with our firm, your case will be handled by an experienced, aggressive attorney fighting on your behalf. Criminal Penalties for a Felony Conviction in Texas State jail felonies: Punishable by 180 days to 2 years in state jail Third-degree felonies: Punishable by two to 10 years in prison Second-degree felonies: Punishable by two to 20 years in prison First-degree felonies: Punishable by five to 99 years in prison, or life In addition, felony crimes can carry up to $10,000 in fines. Considering that some misdemeanor crimes like assault can easily be aggravated to felony charges ( Texas Penal Code Sec 22.01), seeking a criminal defense lawyer after an arrest is always in your best interests. An attorney can explore your options to get a felony charge reduced as much as possible, or even seek an acquittal. Will I Lose My Gun Rights for a Felony Conviction? Texas is a strong supporter of individual gun rights. However, if you are convicted of a felony crime, you could lose your right to possess a gun altogether. Under state law, convicted felons are barred from owning firearms until five years have passed since they have served their sentence, starting from the release date from prison or community supervision. Even then, convicted felons are only allowed to possess firearms at their homes, not in public. If you are accused of unlawful possession of a firearm as a felon, you could face criminal prosecution with third-degree felony punishments. A lawyer could assert different defenses on your behalf, such as arguing lack of possession or mistakes of fact. Other Collateral Consequences of a Felony Conviction Aside from the loss of your freedoms and certain other rights, the aftershock of a felony conviction could also be felt in other areas of your life. A felony conviction may make it much harder to find gainful employment or secure housing. Furthermore, these convictions cannot be expunged. A felony conviction can also directly affect your professional licenses for your job, hurting your future career prospects. Contact a Spanish-Speaking Denton County, TX Criminal Defense Lawyer If you have been accused of a felony crime, Magaña & Van Dyke can help protect your rights. With an aggressive defense strategy, our legal team will work toward the best possible result. To schedule a free consultation, call our offices at 940-382-1976 or contact our Cooke County, TX criminal law attorneys.

Being detained by police can be an extremely stressful experience, and in the heat of the moment, many people panic or make mistakes. If you have been charged with resisting arrest, you may face additional penalties that can enhance your sentence. To protect yourself from the most dire consequences, consider working with a Denton County, TX criminal defense lawyer. At Magaña & Van Dyke, our attorneys have helped people accused of many misdemeanor and felony crimes, including violent offenses. We will give your case a close review, going over possible defense strategies and exploring other ways to minimize a charge of resisting arrest. What Qualifies as Resisting Arrest? It is not always clear as to what does and does not count as "resisting arrest" during a heated encounter with law enforcement. Under state law ( Texas Penal Code Sec. 38.03), the offense is defined as intentionally stopping or obstructing a peace officer from carrying out an arrest by using force. You could also face charges of resisting arrest for using force to stop a police officer from carrying out a search, regardless of whether or not the search was lawful. Resisting arrest is a misdemeanor offense punishable by up to $4,000 in fines and a year of jail time. However, using a deadly weapon to resist arrest will upgrade the charge to a felony punishable by a maximum of 10 years in prison. Will I Go to Jail for Helping Someone Avoid Arrest? Even if you were not the subject of the arrest, you could still be charged with a crime for helping someone else avoid being arrested. You could face criminal prosecution for: Hiding somebody from police Giving someone the means to escape the police Warning someone in advance of the police coming This crime is a misdemeanor offense, but it can rise to the level of a felony if the person sought by law enforcement was wanted for a felony charge. However, you may be able to avoid prosecution for warning the suspect if you can show that you were trying to get him or her to obey the law. How Can I Defend Against Charges of Resisting Arrest? In a charge of resisting arrest, the prosecution’s case may lean heavily on intent. Essentially, this means that the prosecution has to prove that you purposefully tried to get away from the police by force. If you were handled roughly by police, you may not have been trying to evade arrest, but simply trying to avoid further injury. Our firm can review body cam footage and look for discrepancies in the officer’s testimony. Working with a defense lawyer is critical for challenging allegations of resisting arrest. Our firm will work to mitigate the seriousness of the charge, as well as any other charges that led to your arrest in the first place. Contact a Cooke County, TX Criminal Defense Lawyer If you have been accused of resisting arrest or any other crime related to obstructing law enforcement, Magaña & Van Dyke can help. To schedule a free consultation with our Denton County, TX criminal law attorneys, reach out to our offices at 940-382-1976.