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.

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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.

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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.

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Three Possible Defenses for a Drunk Driving Charge in Texas

The best defense for a drunk driving charge should be carefully tailored to your individual circumstances. Our firm can meet with you to discuss the details of your case and develop an individualized defense strategy.

Unlawful Traffic Stops

Police need to follow certain procedures to pull motorists over for traffic stops. When these procedures are not followed, it could constitute a violation of your rights. 

In Texas, police need reasonable suspicion in order to pull you over. This essentially means that the officer needs to have reason to believe that you committed or were in the process of committing a crime. If the officer cannot articulate his or her reason for the traffic stop, like witnessing you swerving between lanes or speeding, it might be deemed an illegal stop, and any evidence obtained from the stop could be suppressed.

Lack of Evidence

In a DWI case, keep in mind that the prosecutor needs to prove your guilt beyond a reasonable doubt. The case against you could be dismissed if there is not enough evidence to suggest that you were either driving with a blood alcohol concentration of .08 percent or more or driving while your physical or mental faculties were impaired by drugs or alcohol.

Additionally, the statute for DWI (Texas Penal Code Sec 49.02) also specifies that you can only be charged with this offense while operating a motor vehicle in a public place. If you can demonstrate that you were not in a public place or that you were not actually driving the vehicle, the prosecution’s case could be weakened.

Inaccurate Test Results

Law enforcement officers use field sobriety tests and chemical blood or breath tests to gauge a driver’s degree of intoxication. However, the validity of these tests can be scrutinized and challenged by a skilled DWI defense lawyer.

A driver’s performance of field sobriety tests can be skewed by external factors like sleet or poorly maintained roads. Similarly, chemical testing equipment needs to be properly calibrated and regularly maintained. Even if the BAC readings are only slightly off, there is a significant difference between a result of .06 percent and .08 percent.

Contact a Denton County, TX Criminal Defense Lawyer

If you have been accused of driving while intoxicated, do not hesitate to seek legal representation. Our Cooke County, TX drunk driving defense attorneys are here to stand up for you in court. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation today.

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Responding to Allegations of Sexual Misconduct as an Educator

Texas law defines an improper teacher/student relationship as “engaging in sexual contact, intercourse, or deviate sexual intercourse” with someone enrolled in a primary or secondary school while working as an employee for that school (Texas Penal Code Sec. 21.12). This does not just include teachers, but teacher interns, educational aides, administrators, school counselors, and other employees in a school district.

In Texas, this crime is prosecuted as a second-degree felony, which carries a prison sentence of two to 20 years along with a possible $10,000 fine. If you are accused of committing another sex crime in the alleged relationship, like soliciting a minor, you could be charged with both offenses.

Responding to Allegations of Sexual Misconduct as an Educator

If you have been accused of a crime involving an improper relationship with a student, you may be assailed with questions from law enforcement and the public. Oftentimes, it is best to remain silent while the legal proceedings are ongoing. Keep in mind that any statements you make to police or prosecutors could be used as evidence against you. No matter how well-intentioned, anything you say could be construed as proof of your guilt.

In general, the only person you should talk to about your case is your attorney. Our firm can strategize with you ahead of time, helping you prepare for the hearing.

Defense Strategies Against Allegations of Teacher Misconduct

When you are facing second-degree felony charges for an alleged improper relationship, it is important that you explore all possible defenses. The law does make exceptions for certain relationships, such as a relationship with an age gap of three years or less that began before the accused person started working as an educator.

Our firm can also help you challenge false allegations with a thorough investigation. We will review testimony from the accuser and other parties, and if there is not enough evidence to suggest you were in an improper relationship, we will seek a dismissal of the charges.

Contact a Denton County, TX Criminal Defense Attorney

As a teacher, confronting allegations of misconduct can be frightening. At Magaña & Van Dyke, we are here to protect you with strong counsel and advocacy in court. To schedule a free consultation with our Cooke County, TX sex crime defense lawyers, call our offices at 940-382-1976 today. Se Habla Español.

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Can I Talk to My Ex if They File a Restraining Order?

Understandably, people who have been served with an ex parte restraining order often want to clear things up with the other party. Although it might seem rational to try to talk out the issue, this can hurt your case in more ways than one.

First, your restraining order might order you to cease all contact with the other party (known as the petitioner). This means that if you reach out, you could face the consequences of violating a protective order. Secondly, anything you say to your accuser could be used as evidence against you in a hearing for a permanent protective order. As such, the best thing you can do is to avoid the other party altogether until your court date. Instead, seek legal representation and keep all communication strictly between you and your lawyer.

What Restrictions Can a Protective Order Include in Texas?

An ex parte protective order can prevent you from taking certain actions against the petitioner for up to 20 days, usually until a full hearing can be held. An ex parte order may prohibit you from:

• Contacting the petitioner
• Harming or harassing the petitioner
• Going near the petitioner’s home, workplace, or school

You may also be ordered to give up your firearms and leave a home shared with the petitioner. 

Though these restrictions can feel punishing, it is important that you obey the temporary order until you can properly state your case in a hearing. If you are accused of violating the order, you could be charged with a misdemeanor offense (Texas Penal Code Sec. 25.07).

Preparing for a Hearing for a Final Protective Order

Ex parte protective orders are meant to provide short-term relief from harm. If the petitioner wants a long-term order, a hearing must be held to determine whether there is a good reason for it. 

Showing up to the hearing on time is crucial. If you do not appear in court, the judge could grant the final protective order without you present, and it may last for up to two years. 

Our attorneys can stand up for you at this hearing, speaking on your behalf in court. We will challenge the petitioner’s accusations and the strength of the evidence against you. If it becomes apparent that the accuser has an ulterior motive, we can bring it to the court’s attention.

Contact a Cooke County, TX Restraining Order Lawyer

If you have been served with a restraining order, you need strong legal representation. Magaña & Van Dyke is here to fight for you. Call our Denton County, TX criminal defense attorneys at 940-382-1976 for a free initial consultation.

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What Is Assault?

According to Chapter 22 of the Texas Penal Code, you can face assault charges for committing any of the following acts in an “intentional, knowing, or reckless” manner:

• Injuring another person
• Threatening another person with imminent bodily harm
• Making offensive or provocative physical contact with another person

Depending on the circumstances behind your arrest, you could face misdemeanor or felony charges for an act of assault. If you have been accused of this offense, be sure to seek legal representation as soon as possible.

Three Things That Can Make an Assault Charge Aggravated

Injuring a Public Servant

Assault resulting in bodily injury is a Class A misdemeanor in Texas. However, if you knowingly, recklessly, or recklessly injure a public servant, you could face third-degree felony charges. For felony charges to apply in this case, the prosecutor must prove that :

• You knew the alleged victim was a public servant; and
• The public servant was performing his or her official duties.

In Texas, a third-degree felony is punishable by two to 10 years in prison.

Assaulting a Family or Household Member

If you have a prior history of family violence, assaulting a family or household member through bodily injury could be prosecuted as a third-degree felony. If the offense involved strangulation, the charges could be escalated to a second-degree felony, carrying two to 20 years in prison. For the purposes of the law, dating partners are treated as family and household members.

Committing Assault With a Deadly Weapon

When an act of assault involves a deadly weapon, it is charged as aggravated assault, which has stricter penalties. Simply “exhibiting” a deadly weapon to threaten another person can be charged as aggravated assault.

Aggravated assault with a deadly weapon is charged as a second-degree felony. However, if the victim suffered a traumatic brain or spine injury resulting in a vegetative state or paralysis, the offender could be charged with a first-degree felony punishable by up to 99 years in prison.

Contact a Denton County, TX Assault Defense Lawyer

The crime of assault is complicated in Texas since it may involve many intersecting factors. At Magaña & Van Dyke, our Cooke County, TX criminal defense attorneys can give you an idea of the possible consequences of a conviction and fight for you in court. Call our offices at 940-382-1976 to schedule a free initial consultation.

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The Penalties for Lying to a Gun Vendor

A small misrepresentation or omission of fact when buying a gun could have serious consequences. Under the Texas statute for the unlawful transfer of certain weapons, you could be charged with a crime for knowingly making a “material false statement” to a firearms dealer while you are prohibited from owning a gun.

This crime is punishable as a state jail felony in Texas, which means you could face anywhere from six months to two years in jail for a conviction. At Magaña & Van Dyke, our firm can review the facts of your case to look for possible mitigating circumstances or defenses. For instance, you could argue that you made a mistake when filling out a form for purchase, which is not a “knowing” attempt.

Can I Be Charged With a Crime for Shooting a Gun?

For many responsible gun owners, going shooting is a recreational hobby and a social event. However, if you do not exercise caution, the outing could end with an arrest. If you recklessly discharge a firearm within a municipality of more than 100,000 people, you could be charged with a crime. This offense is a Class A misdemeanor carrying up to $4,000 in fines as well as a jail sentence of up to a year.

At Magaña & Van Dyke, we can review the prosecution’s case to see if the charge holds water. First, we might challenge whether or not your conduct was reckless. If nobody could have been endangered by your discharge of the weapon, the case against you could be weakened. Second, we may question if the incident occurred within the corporate limits of the municipality. You can rely on our firm to look closely at the details, making sure nothing is overlooked in your defense

Are Felons Allowed to Carry Firearms in Texas?

If you have been convicted of a felony, violent or not, you will be barred from owning a firearm. If you are found to have violated this law, you could be prosecuted on third-degree felony charges, with the possibility of up to 10 years in prison.

Sometimes, people are accused of unlawful firearm possession due to a mistake of fact. A weapon belonging to a housemate or a passenger in your vehicle could be labeled as yours, despite evidence to the contrary. Our firm can clear up these misidentifications on your behalf.

Contact a Cooke County, TX Criminal Defense Lawyer

Accidents happen, and people with good intentions can end up arrested. If you or a loved one needs representation for a weapons violation, reach out to Magaña & Van Dyke today. Our Denton County, TX gun crime attorneys can discuss your best options for your defense. Our firm was established in 2007, and since then, we have focused on providing all of our clients with honest counsel and personalized service. Call us at 940-382-1976 to arrange a free consultation.

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Is Paying a Fine an Admission of Guilt in Texas?

When you pay the fine for a Class C misdemeanor without jail time, you are essentially admitting that you committed that crime. This is treated as an immediate guilty plea, and you waive your right to a trial.

Taking the path of least resistance is rarely the best option in a criminal case. Instead, if you choose not to pay the ticket, you can fight the charge in court and potentially get the sentence reduced or dismissed. Our criminal defense lawyers can explore your options to avoid a conviction, such as pretrial diversion for a first offense.

What Are the Consequences of a Misdemeanor Conviction?

A Class C misdemeanor does not disappear after you pay the fine. Your criminal record will be accessible to anyone who runs a background check on you, including employers, universities, and landlords. The stigma of your conviction can adversely affect your future opportunities, even if it was just a small infraction from a long time ago.

The conviction will remain on your criminal record indefinitely unless you petition for a nondisclosure, which is a difficult process in itself. In many cases, you are better off contesting the charge rather than simply accepting a conviction.

What Should I Do if I Have Been Charged With a Class C Misdemeanor?

When you are charged with disorderly conduct or public intoxication, the citation will include a court date. This gives you time to prepare your defense and seek out legal representation. 

While your case is still ongoing, refrain from saying anything about your charges to anyone but your attorney. Any statements to police you make could be used as ammunition against you in court, no matter how well-meaning. At Magaña & Van Dyke, we can meet with you in private to discuss your strategy to fight the charge in court. We can also advise you of what to say in court and how to present yourself.

Since our firm was established, we have received numerous positive reviews praising our aggressive and persistent defense. You can rest assured that we will fight for the best possible outcome to your case, keeping your best interests in mind.

Contact a Denton County, TX Criminal Defense Lawyer

If you have been charged with public intoxication or disorderly conduct, paying the fine could result in a lasting blemish on your record. At Magaña & Van Dyke, our Cooke County, TX criminal law attorneys can stand up for you in court to protect you from the collateral consequences of a conviction. Call us at 940-382-1976 to set up a free consultation.

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Knowing Your Miranda Rights

The Fifth Amendment protects you from self-incrimination. This means that you have a right to remain silent while in police custody. Whether you are in the back of a police car or inside an interrogation room, saying nothing is one of the best ways to protect yourself.

While it may seem tempting to speak in your own defense, oftentimes, the risk greatly outweighs the potential benefits. Your verbal statements could be used as evidence against you in court, even if you think you are helping your case by explaining yourself. With this in mind, “pleading the Fifth” is a sound strategy.

Your Right to Legal Counsel

After you have been arrested, you have a right to an attorney. This is crucial, as a legal professional can provide you with the advice and representation you need to fight the charges against you. You are also entitled to speak with an attorney in private, and have your attorney present during questioning.

At Magaña & Van Dyke, we have a deep understanding of the legal procedures that take place after an arrest. We can provide you with qualified counsel for your situation, helping you come up with a strategy for your defense. Ideally, you should get in contact with a defense lawyer as soon as possible after questioning.

What Can I Do if My Rights Were Violated?

If you suspect that your rights were violated at any point during your criminal case, let your attorney know as soon as possible. For example, if the police did not read you your Miranda rights before an interrogation, the evidence could be deemed inadmissible in court. In another example, if you were subject to an illegal search in violation of your Fourth Amendment rights, anything procured from the search could be suppressed in court.

Our criminal defense attorneys are keenly aware of your rights. We will fiercely advocate for you in court, bringing any injustices to the court’s attention. 

Meet With a Cooke County, TX Criminal Defense Lawyer

Citizens who do not know their rights risk having them violated. At Magaña & Van Dyke, we can help you protect your best interests after an arrest, working diligently on your behalf. With decades of real experience and proven case results to show for it, you can trust that your case is in good hands with us. Call one of our Denton County, TX criminal law attorneys to schedule a free consultation today.

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