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Charged with Criminal Mischief in San Antonio?
Attorney Genaro Cortez defends clients in Bexar County state & federal court.
(210) 733-7575 — Call NowWhat is a criminal mischief charge in Texas?
Criminal mischief is defined under Texas Penal Code § 28.03 as intentionally or knowingly damaging someone else’s property without their consent. In plain terms: it’s illegal to break, shatter, deface, or otherwise damage property that doesn’t belong to you.
- Damages or destroys property of an owner;
- Tampers with property of an owner that causes the owner or a third person to lose money or be inconvenienced; or
- He marks or writes slogans, drawings, paintings, or inscriptions on the property of an owner.
Common Criminal Mischief Charges in San Antonio & Bexar County
Criminal mischief covers a wide range of conduct. Some of the most common examples our San Antonio clients face include:
- Slashing someone’s car tires;
- Keying another person’s car;
- Graffiti or tagging (walls, buildings, vehicles);
- Breaking windows or damaging doors during a domestic dispute;
- Damaging an ATM machine; and
- Tampering with or diverting a public water, gas, or power supply
Note: Criminal mischief charges often accompany other charges like assault. If you were arrested for both, the strategy for handling each charge may affect the other. An experienced San Antonio criminal defense attorney can help you understand how the charges interact.
What are the penalties for criminal mischief in Texas?
The severity of your criminal mischief charge depends almost entirely on the dollar amount of the damage caused — known as the “pecuniary loss.” The higher the damage amount, the more serious the charge and potential punishment.
| Offense Level. | Money Loss (Pecuniary Loss). | Jail Time. | Fine Amount. |
|---|---|---|---|
| Class C Misdemeanor. | If the amount of pecuniary loss is less than $100.00. | None. | Up to $500.00 |
| Class B Misdemeanor. | If the amount of pecuniary loss is $100.00 or more but less than $750.00. | Up to 180 days in jail. | Up to $2,000.00. |
| Class A Misdemeanor. | If the amount of pecuniary loss is $750.00 or more but less than $2,500.00. Or if the person tampers with or diverts a public water supply. | Up to 1 year in jail. | Up to $4,000.00. |
| State Jail Felony. | If the amount of pecuniary loss is $2,500.00 or more but less than $30,000. Or if the person diverts a public gas or power supply. | 180 days to two years in state jail. | Up to $10,000.00. |
| Third Degree Felony. | If the amount of pecuniary loss is $30,000.00 or more but less than $150,000.00. Or if the person causes wholly or partly impairment or interruption of access to an automated teller machine [ATM], regardless of the amount of pecuniary loss. | 2-10 years in prison. | Up to $10,000.00. |
| Second Degree Felony. | If the amount of pecuniary loss is $150,000.00 or more but less than $300,000.00. | 2-20 years in prison. | Up to $10,000.00. |
| First Degree Felony. | If the amount of pecuniary loss is $300,000.00 or more. | 5-99 years or life in prison. | Up to $10,000.00. |
Important exceptions: Tampering with a public water supply is automatically a Class A Misdemeanor, regardless of the dollar amount. Diverting a public gas or power supply is a State Jail Felony. Impairing access to an ATM is a Third Degree Felony, regardless of the loss amount.
Have questions about your charge level?
Attorney Cortez can review your case and explain your options — free of charge.
Can you get probation for a criminal mischief in Bexar County, Texas?
Yes — probation is a realistic outcome for many criminal mischief cases in San Antonio, especially for first-time offenders and misdemeanor charges. The Bexar County District Attorney’s office regularly works out probation agreements in these cases.
Typical probation terms may include:
- Pay a fine;
- Pay court costs;
- Complete community service hours;
- Attend anger management classes;
- Mental health counseling (MIC);
- Report to a probation officer;
- Drug testing; and
- Pay the victim money for the property damage.
Paying back the victim (restitution) can significantly improve your position. It demonstrates remorse and a willingness to make things right — both of which matter to prosecutors and judges in Bexar County.
When Mental Health Leads to a Criminal Mischief Arrest in San Antonio
Unfortunately, people experiencing mental health crises are frequently arrested for criminal mischief in San Antonio. Bexar County has recognized this problem and created specialized courts and programs — including the SMART Court — to address it.
If mental illness played a role in the incident, it’s critical to raise this early in the process. Judges in Bexar County are aware of these situations and can work with the defense to create plans that include treatment rather than incarceration.
Your Defense Options for a Criminal Mischief Charge in Texas
If you’ve been charged with criminal mischief, you have several potential defenses depending on the facts of your case:
- Mistaken identity — Did police arrest the right person?
- Lack of intent — Was the damage accidental rather than intentional?
- Consent — Did the property owner give permission?
- Disputed damage amount — Is the claimed dollar amount of damage accurate? Reducing the assessed loss can lower the charge level.
- Ownership dispute — Was the property actually yours?
Even if the facts are against you, early action matters. Paying restitution, completing community service, or taking other proactive steps before your court date can significantly improve your outcome in Bexar County court.
Ready to Defend Your Case in Bexar County?
Serving San Antonio, Del Rio & all of South Texas since 2004.
(210) 733-7575
730 W. Hildebrand Ave., Suite 2 · San Antonio, TX 78212
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FAQs Criminal Mischief Charges San Antonio
Is criminal mischief a felony in Texas?
It can be. Criminal mischief is a misdemeanor if the property damage is under $2,500. Once the damage exceeds $2,500, it becomes a state jail felony and can escalate all the way to a first-degree felony for damages over $300,000.
Will a criminal mischief conviction stay on my record?
Yes, unless you are able to get the charge dismissed or expunged. A conviction — even for a misdemeanor — can show up on background checks and affect employment, housing, and professional licensing. An attorney may be able to help you pursue deferred adjudication or an expunction to protect your record.
What if I charged with assault-family violence and criminal mischief?
Criminal mischief and assault charges frequently go together in domestic incidents. The way you handle one charge can directly affect the other. In many cases, you can get one charge dropped in return for taking a plea on the other charge.
Can I get a criminal mischief charge expunged or sealed in Texas?
In many cases, yes. If your case was dismissed or you received deferred adjudication, you may be eligible for an expunction or an order of nondisclosure. The Law Office of Genaro R. Cortez handles expunctions in San Antonio and Bexar County.