Criminal Mischief Defense Lawyer in Houston Defending Individuals Charged with Criminal Mischief
Any time an individual intentionally breaks, defaces or somehow damages another person’s personal property without the owner’s permission is considered criminal mischief. It’s more commonly known as vandalism. It must be proven that the accused acted with the intent to do damage in a reckless manner or with a conscious disregard for consequences. Criminal mischief encompasses a wide range of actions, including spraying graffiti onto a building or sign, removing a public safety boundary or sign, smashing a window, setting off a public alarm for no reason, or even putting a virus onto someone’s computer — among many other offenses.
Criminal mischief laws can really differ from state to state, as do the punishments for such a criminal act. If you have been charged with criminal mischief in Houston, then it is in your best interest to reach out to an experienced criminal mischief attorney who can start building your defense in accordance with Texas law.
What is Criminal Mischief in Houston?
In Houston, “criminal mischief” occurs “when an individual intentionally damages or destroys personal property, tampers with property, causes a loss of inconvenience to the property owner or creates markings of some kind on an owner’s property”. Criminal mischief in most states only refers to the physical damage done to someone else’s property. If you were to take possession of the other person’s property, that could be considered theft, a completely different charge. The only way you can be charged with criminal mischief against your own property is if you co-own it with another individual or entity.
What is the Common Defense for Criminal Mischief?
Building a strong defense for criminal mischief charges relies mainly on hard evidence and the reliability of any witnesses that might have been present. An experienced Houston criminal mischief law firm will be able to analyze the evidence and seek out any witnesses to get a clearer understanding of what happened and any details that may be involved in the criminal mischief case. Your criminal mischief attorney should also investigate the process police used to find evidence and determine your intentions to make sure it was done in a lawful manner.
What is the Punishment for Houston Criminal Mischief?
In Houston, the court can consider a criminal mischief offense to be either a misdemeanor or felony. This decision depends mainly on what kind of damage was done, the severity of the damage, and whether it was done intentionally. The worse the damage, the harsher the punishment. That said, this determination will vary on a case-by-case basis. Also, like most crimes, if you have previously committed criminal mischief or damage or the crime put someone at risk of physical injury, this will increase the severity of penalties as well. Depending on the damage done, penalties range from a Class C Misdemeanor and a fine all the way to a First Degree Felony with the potential of life in prison. Criminal mischief charges are no joke but it might be possible to have the charges dismissed in exchange for repair or repayment of the property damage to the owner. Consult with a Houston criminal mischief lawyer who specializes in criminal mischief cases about the specifics of your criminal mischief case to see if this might be an option for you.
Can an Experienced Criminal Mischief Attorney Really Defend Me Against Criminal Mischief Charges?
Whether the damage done to a property is large or small, you need to take criminal mischief charges very seriously as they can result in major fines and jail time. Not to mention, you do not need a blemish on your criminal record. This can make applying for a job, loan, or school much more difficult and create a dark cloud over your family and friends. Contact the Law Office of Michael H. Pham to start working on your defense. Call us for a free one on one consultation with an experienced criminal defense attorney at (713) 236-7791.