What to Expect From a Criminal Mischief Charge

 Posted on November 21, 2025 in Criminal Defense

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.