Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Criminal mischief charges in Texas can range from a minor misdemeanor to a felony—often based on the value of the alleged damage. That number drives everything.
It affects the level of the charge, the penalties you face, and the long-term impact on your record. But that number can be challenged. Damage estimates aren’t always accurate, and many cases involve overvaluation, weak evidence, or defenses that go unexplored.
At the Law Offices of Richard C. McConathy, we’ve defended hundreds of criminal mischief and property-related cases across Dallas and surrounding counties. We know how to break down damage claims and push back against inflated charges.
If you’re facing charges, working with an experienced Dallas County property crime lawyer can make a critical difference in your case.
Criminal mischief is defined in Texas Penal Code §28.03. It’s the act of intentionally or recklessly damaging someone else’s property.
The charge level depends entirely on the value of the property damage:
Less than $100 in damage = Class C misdemeanor
$100 to $750 in damage = Class B misdemeanor
$750 to $20,000 in damage = Class A misdemeanor
Over $20,000 in damage, or $20,000+ in damage to critical infrastructure = State Jail Felony (up to 2 years) or Second Degree Felony (2-20 years)
Felony charges are rare but devastating. A felony conviction affects voting rights, gun ownership, professional licensing, and employment in virtually every field.
The damage amount is crucial—it determines your charge level and penalties. This is where you can challenge the prosecution’s case.
The property owner or their insurance company estimates damage. This estimate is not final. Police accept it without independent verification. Prosecutors use it without question.
But these estimates are often inflated. Business owners want their insurance company to pay full replacement cost, so they overstate damage. Victims are emotional and may exaggerate. Insurance adjusters have financial incentives to inflate claims.
Our firm hires independent contractors to assess actual repair costs.
We document:
In many cases, our assessment is significantly lower than the victim’s estimate. This can reduce your charge from a felony to a misdemeanor, or from a Class B misdemeanor to Class C.
We request the victim’s repair invoices. Did they actually pay for repairs? How much? If they didn’t repair the property, we argue damage was speculative.
Sometimes property owners collect insurance money but never actually repair the property—they keep the money. In these cases, damage is arguably zero, and charges should be dismissed.
Different fact patterns require different strategies.
You damaged someone’s car: scratched paint, broken windows, slashed tires.
Damage estimates vary widely. Paint scratch repair might be $500 or $5,000 depending on the vehicle and method of repair. We get quotes from multiple body shops and challenge inflated estimates.
You spray-painted or marked someone’s building or fence.
The property owner might claim the entire wall must be repainted ($3,000), when in reality a targeted paint-over costs $200. We challenge these inflated repairs.
Someone got out of hand at a party you hosted, breaking furniture, damaging walls, etc.
If you didn’t cause the damage and didn’t know it would happen, you’re not guilty. Even if you hosted the party, you’re not responsible for damage caused by others unless you specifically caused it.
You damaged school property, a park sign, or municipal equipment.
Damage to government property can carry enhanced penalties. However, the same rules apply: actual damage must be proven with specific invoices or repair quotes.
During an argument with a partner or family member, you damaged their property.
These cases often involve disputed ownership (was the property actually theirs?), consent (did they agree to you using it?), and genuineness of the relationship context. Exes often exaggerate damage claims.
Criminal mischief charges have multiple viable defenses.
This is the strongest defense in many cases. We hire experts, get repair quotes, and prove the actual damage is lower than claimed. This can knock your charge down one or more levels.
The prosecution must prove beyond reasonable doubt that you caused the damage. If you weren’t the person who vandalized the property, that’s a complete defense.
We investigate: Who actually saw you cause the damage? Is it based on assumption or gossip? Are there other suspects? Eyewitness identification can be challenged.
You must have intentionally or recklessly damaged property. If you damaged property accidentally or unknowingly, you’re not guilty.
Example: You tripped and fell into a glass door, breaking it. The damage was accidental, not intentional or reckless. This defense can succeed.
The property owner consented to the damage, or you had authority to use the property as you did.
If you’re living in a house and repainting a room, you’re not committing criminal mischief. If the property owner said “you can break that down,” you have a consent defense.
Police violated your rights obtaining evidence against you. Statements you made without counsel, searches without warrant, illegally obtained photos—all can be suppressed.
If key evidence is excluded, the prosecution’s case weakens significantly.
Someone else committed the mischief, not you. Police arrested the wrong person based on appearance, tips, or faulty identification.
We investigate alternative suspects and challenge eyewitness identification.
You caused damage to prevent serious harm. You broke into a building to escape danger, or you damaged something to stop someone from driving drunk.
These defenses are narrow but can apply in specific situations.
The timeline matters. Here’s what to expect.
If damage is minor, you might be cited and released. If damage is significant, you’ll be arrested, taken to the police station, and held for booking.
At this point, invoke your right to counsel. Do not discuss the incident with police without an attorney.
You’ll appear in court within 72 hours. Bail is set, and you’re advised of charges.
This is not the time to plead. Take time to consult with an attorney before saying anything to the prosecutor.
Police will investigate: interview the property owner, take photos of damage, review surveillance footage if available, and interview witnesses.
Our firm immediately demands all police reports, photos, and evidence. We investigate independently: photograph the property, get damage estimates, and identify our own witnesses.
The prosecutor decides what charges to file based on:
This is where independent investigation matters. We provide the prosecutor with our damage assessment and evidence. Many prosecutors will reduce charges if convinced the damage is less than they thought.
Most criminal mischief cases resolve through negotiation, but here’s what full prosecution looks like.
We request all evidence from the state and present our own findings. Many cases resolve at this stage when the prosecutor realizes:
If the prosecutor offers a plea deal, we analyze whether accepting is better than going to trial. Pleading guilty to a Class C misdemeanor with a fine might be smart if the alternative is trial with risk of conviction on Class B charges.
If your case goes to trial, the prosecution must prove:
We challenge every element. We cross-examine:
You have the right to testify in your own defense or remain silent. We prepare you if you’ll testify.
The jury hears evidence from both sides and decides guilt or innocence. The prosecution bears the burden of proof beyond reasonable doubt. If reasonable doubt exists about damage amount, intent, or identity, you’re acquitted.
Most criminal mischief cases resolve without trial.
If evidence is weak or damage is significantly less than claimed, we negotiate for dismissal. Sometimes prosecutors agree to drop charges in exchange for restitution (paying for actual damage).
Rather than trial, you might plead guilty to a lower charge:
Deferred adjudication is common in mischief cases. You plead guilty, complete probation (typically 6 months to 2 years), and the charge is dismissed.
This keeps the conviction off your record—a major benefit for employment and professional licensing.
You pay the property owner for actual damage (per our assessment, not their inflated estimate). With restitution, jail time is usually avoided.
In lieu of jail time, you might serve community service hours. This gives you a way to satisfy the court without incarceration.
A conviction carries serious collateral consequences.
Employers and landlords see criminal mischief as evidence of destructiveness, disrespect for property, and violence. Many employers won’t hire people with property crime convictions.
Landlords often reject applicants with criminal histories. A mischief conviction can make it hard to rent.
Some professions (nursing, law, education, securities licensing) require background checks and bar applications if you have criminal convictions. A mischief charge can affect licensure.
Colleges ask about criminal history. Some scholarships and financial aid programs are unavailable to applicants with convictions.
If you’re not a U.S. citizen, a criminal conviction can trigger deportation proceedings.
A felony conviction strips your Second Amendment rights permanently.
You might think, “I’ll just plead guilty and move on.” This ignores critical issues:
We fight about damage valuations. Many charges are reduced one or more levels based on lower damage assessments.
If eyewitness identification is weak, you have a strong defense. Don’t plead guilty if you didn’t do it.
A conviction affects employment, housing, and professional opportunities for decades. It’s worth fighting to avoid conviction or reduce charges.
The prosecutor doesn’t offer favorable deals to defendants representing themselves. We have relationships and experience that allow us to negotiate better outcomes.
Are you overwhelmed with the possible penalties that accompany criminal mischief? Start with the first step, and contact an Dallas Property crime attorney today. Our attorneys are experienced in criminal defense and will battle fearlessly to preserve your rights.
Contact the Criminal Defense Lawyer today at (972) 528-0116 for a free consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
