Frisco, TX Criminal Mischief Lawyers

Knowledgeable Defense Attorneys for Vandalism, Trespassing, and Related Charges in Frisco, Texas

Certain types of criminal charges may be related to actions that a person has allegedly taken to damage or destroy someone else's property. Criminal mischief is an offense that generally involves damaging someone else's property. Charges of criminal trespass may apply if someone allegedly enters or remains on someone else's property without authorization. These charges are often classified as misdemeanors, and they may seem like less serious offenses, but a conviction can have lasting consequences. Convictions may lead to penalties such as fines, jail time, probation, and a permanent criminal record. In more serious cases, allegations of property damage or trespassing in restricted areas may lead to enhanced charges or felony prosecution.

The attorneys at Barbieri Law Firm help clients in Frisco navigate the legal challenges that may arise in cases involving accusations of criminal mischief, trespassing, and related charges. We understand that these cases often involve misunderstandings, disputes over property, or allegations that are not supported by strong evidence. We are committed to protecting each client's rights, and we work to secure favorable outcomes while minimizing the long-term impact of criminal charges.

What Is Criminal Mischief Under Texas Law?

Criminal mischief, as defined in Texas Penal Code §28.03, involves intentionally destroying, damaging, or tampering with someone else's property without the owner's authorization. These actions are commonly known as vandalism, and they may include damaging property or defacing it by making drawings or inscriptions. In order to secure a conviction for criminal mischief, the prosecution must show that a person acted without the owner's consent and that their conduct resulted in damage or financial losses.

Examples of criminal mischief may include:

• Breaking a window or door
• Intentionally damaging someone's car by scratching it or breaking headlights or taillights
• Defacing property with spray paint or permanent markers
• Tampering with power lines, signs, or construction equipment
• Intentionally destroying landscaping or fences

Misdemeanor Penalties for Criminal Mischief

Criminal mischief may be charged as a misdemeanor when the amount of damage caused is relatively low. The specific penalties will typically be based on the financial value of the losses caused by vandalism. Misdemeanor charges may include:

• Class C Misdemeanor: This charge may apply if the alleged damage is valued at less than $100 or if it causes a substantial inconvenience. The penalties may include a fine of up to $500.
• Class B Misdemeanor: This charge may apply if the alleged damage is valued between $100 and $749. Penalties may include a maximum jail sentence of six months and/or a fine of up to $2,000.
• Class A Misdemeanor: This charge will generally apply if the alleged damage is valued between $750 and $2,499. Actions that allegedly resulted in interruptions to the public water supply will also fall into this category. Penalties may include a jail sentence lasting up to one year and/or a maximum fine of $4,000.

When criminal mischief allegedly resulted in property damage and financial losses of at least $2,500, felony charges may apply. A person could also be charged with a felony if they allegedly used a firearm or explosives, if they allegedly damaged or destroyed a home or other habitation, or if they allegedly caused an interruption to the public power supply, public gas supply, public communications, or access to an ATM. Damage to schools or places of worship may also result in felony charges.

What Is Criminal Trespass in Texas?

Trespassing is addressed under Texas Penal Code §30.05. The offense of criminal trespass may apply if a person is accused of entering or remaining on someone else's property without the authorization of the owner. Examples of situations where a person may be charged with criminal trespass include:

• Entering private property after being told not to do so
• Refusing to leave a business after being asked by staff or security
• Crossing onto farmland or posted land without permission
• Returning to a home or apartment after being told not to
• Trespassing in school buildings or athletic facilities after hours

Criminal trespass is usually charged as a Class B misdemeanor. However, Class A misdemeanor charges may apply if a person is accused of trespassing in a home or critical infrastructure facility or if they allegedly carried a deadly weapon when trespassing.

Defending Against Trespassing and Criminal Mischief Charges

The attorneys at Barbieri Law Firm work with clients to determine the ideal defense strategies against allegations of vandalism, trespassing, and other related offenses. Our defense strategies may involve:

• Reviewing Evidence and Witness Statements: These offenses may involve conflicting accounts or circumstantial evidence. Our legal team will review surveillance footage, police reports, and witness testimonies to determine whether our client may have been misidentified or whether other factors may demonstrate their innocence.
• Challenging Intent: Charges of criminal mischief and criminal trespass must be based on intentional actions. If a person's conduct was accidental, was based on a misunderstanding, or lacked criminal intent, the charges may not be justified.
• Asserting Consent or Lack of Notice: In trespassing cases, our lawyers may argue that our client had permission to be on the property or was not properly notified that entry was prohibited. In criminal mischief cases, we may be able to demonstrate that a person had permission to engage in the actions in question.
• Negotiating for Dismissal or Deferred Disposition: In certain cases, we may be able to secure dismissals, reduced charges, or alternative resolutions such as community service or restitution. These options can help clients avoid misdemeanor convictions and the consequences that may come with a criminal record.
• Fighting Charges in Court When Necessary: Our attorneys are prepared to defend clients at trial by presenting evidence, cross-examining witnesses, and advocating for acquittals.

Contact Our Frisco, TX Criminal Mischief and Trespassing Defense Attorneys

When addressing charges related to vandalism or trespassing, it is important to act quickly to protect your rights. Misdemeanor charges can have a lasting impact on your life. The attorneys at Barbieri Law Firm will advise you of your options and help you challenge the charges, working to prevent a conviction. Contact our Frisco trespassing and vandalism defense lawyers at 972-424-1902 to arrange a free consultation.