Texas Penal Code Section 28.03 makes it an offense to intentionally or knowingly damage or destroy the tangible property of another, to tamper with that property and cause pecuniary loss or substantial inconvenience, or to make markings on the tangible property of another without consent.¹ The grade scales with the alleged pecuniary loss along the same ladder used for theft, so the dollar figure the State puts on the damage is what determines whether the case is a fine-only matter or a felony.¹

Pecuniary loss is measured by the statute as the fair market value of the property at the time and place of destruction, or, where the property is only damaged, the cost of repair, or, where market value cannot be ascertained, the replacement cost. Because the grade rides on that figure, the workup begins with the damage estimate and the method behind it rather than with the conduct itself.

Criminal mischief is one statute that reaches several kinds of conduct and grades them by the loss alleged. Two things shape a given case: which subsection the conduct is charged under, and where the pecuniary loss lands on the ladder.

The conduct the statute reaches

Section 28.03 covers three kinds of conduct: damaging or destroying another's property, tampering with property in a way that causes pecuniary loss or substantial inconvenience, and making markings, including graffiti, on property without consent.¹ Whether the conduct alleged actually fits the subsection charged is a threshold question, because the proof for each is different.

The pecuniary-loss ladder

The grade scales with the alleged loss on the same ladder used for theft:² under $100 is a Class C misdemeanor;³ $100 to $750 is a Class B misdemeanor;⁴ $750 to $2,500 is a Class A misdemeanor;⁵ $2,500 to $30,000 is a state jail felony;⁶ $30,000 to $150,000 is a third-degree felony;⁷ and the ladder continues to a second-degree felony at $150,000 and a first-degree felony at $300,000 or more. A loss contest at any grade boundary can move the case down a level.

When the target of the conduct changes the grade

The statute sets specific grades for damage to particular kinds of property, such as certain public or utility property, independent of the dollar amount. Where the accusation involves one of those categories, the grade is read directly off the charging instrument and confirmed against the statute.¹

Most people charged with criminal mischief have never been in a criminal courtroom before. The cases range widely: a spray-painted wall, a keyed car, a broken window during an argument, a multi-vehicle incident in a parking lot. The people charged are often young, often present during a heated moment, and often charged on an inference that they caused the damage rather than simply being nearby.

The collateral exposure tracks the grade. A misdemeanor still appears on the background checks that employers and landlords run, and a felony-tier conviction reaches the right to vote and to possess a firearm. Because the grade rides entirely on the damage valuation, where the alleged loss lands on the ladder shapes the whole exposure, which is why the valuation is contested early.¹

The criminal exposure scales with the grade, from a fine-only Class C to a felony range, and the grade is set by the alleged pecuniary loss.¹ At the misdemeanor tiers the ceiling is jail time and a fine; at the felony tiers it is a prison range, and a felony conviction reaches civil rights, licensing, and employment in a way a misdemeanor does not. That is why a loss figure sitting near a grade boundary carries weight well beyond the dollars in dispute.

There is usually a civil side as well, and restitution to the property owner is frequently part of the negotiation. For a first offense, the county's pretrial diversion program and, where a person is eligible, deferred adjudication under Article 42A.102 are routes that can keep a conviction off the record.⁸ Whether either path fits a given case is a fact-specific question answered from the record, not a promise.

A criminal mischief case is built on the damage estimate, the video, and the intent question, and what a person does in the first days affects all of them. The most common mistake is explaining the situation to an officer at the scene without a lawyer present. Those statements are written down and used, and Texas law governs when an accused's statement is admissible and what warnings had to come first.⁹

A few steps help in nearly every case. Photograph the property and the alleged damage while it is fresh, and preserve any messages, receipts, or location data that bear on whether the person caused the damage or was simply present. Hold on to all paperwork from the arrest or citation. And do not contact the complainant, which can add a charge rather than resolve one.

This is general information about how these cases work in Texas. It is not legal advice about any specific case, and reading it does not create an attorney-client relationship.

A criminal mischief case in Bexar County follows the path set by its grade. Knowing the order of events makes the process less frightening and the decision points easier to see.

Arrest or citation and magistration

The case can begin with an arrest or with a citation to appear. Where there is an arrest, the person is brought before a magistrate who gives the statutory warnings and sets bond, ordinarily within 48 hours, under Article 15.17.¹⁰

Filing in the court the grade requires

A fine-only Class C matter is filed and tried in a Bexar County justice court or municipal court. A Class A or B matter is filed into one of the Bexar County Courts at Law, which have jurisdiction over those misdemeanors.¹¹ A felony-tier matter is presented to a Bexar County grand jury and, after indictment, assigned to one of the felony district courts, which have jurisdiction over felony cases.¹² Felony filings move through the Cadena-Reeves Justice Center on Dolorosa Street,¹³ and felony cases are prosecuted from the Paul Elizondo Tower.¹⁴

Pretrial settings and discovery

The case proceeds through pretrial settings. The State's evidence, the offense report, the damage estimates, and any surveillance video, is produced under the discovery statute, Article 39.14.¹⁵

Resolution

A criminal mischief case can resolve by dismissal, by a grade reduction turning on the loss valuation, through pretrial diversion, by deferred adjudication where a person is eligible under Article 42A.102,⁸ or at trial. Which routes are realistic depends on the record.

Criminal mischief cases do not carry a fast administrative clock, but timing decides what evidence survives and what options remain.

Criminal mischief work begins with the damage estimate, because the grade of the offense rides on which figure controls.¹ The State will rely on a repair quote, a replacement estimate, or an insurance adjuster's figure, sometimes all three. Forrest Good PLLC requests each one through formal discovery under Article 39.14 and reviews it against the statutory measure of pecuniary loss: fair market value at the time and place of destruction for destroyed property, cost of repair for damaged property, and replacement cost only where market value cannot be ascertained.¹⁵

Where a repair quote inflates labor, includes betterment by upgrading the property beyond its pre-damage condition, or treats partial damage as full destruction, that figure is contested through alternative quotes and the statutory definition, and a successful contest can move the case down a grade.¹ Surveillance video is reviewed frame by frame for what it actually shows, because the difference between a person being present at the scene and a person causing the damage is often the whole intent question. The Section 28.03 elements, intentional or knowing damage, tampering with substantial inconvenience, or markings without consent, are matched against the facts to test whether the conduct alleged fits the subsection charged.¹ Any statement given at the scene is examined against the warnings that had to precede it.

The hour estimate

The hours scale with the grade. A misdemeanor-tier matter typically resolves in 8 to 22 hours of attorney time, while a felony-tier matter at the third-degree level runs 30 to 50 hours, with second- and first-degree matters scaling upward from there, all billed at $250 per hour. The drivers are the complexity of the damage valuation, the volume of surveillance video, and the number of pretrial settings the court holds. The pricing methodology explains how the charging instrument, the evidence load, and the procedural stakes drive the estimate.

The flat fee and what it covers

The starting flat fee is $5,000. It covers review of the offense report and any surveillance video; the pecuniary-loss valuation analysis against the repair and replacement estimates; the grade-reduction analysis where the loss figure sits near a boundary; every pretrial setting in the assigned trial court; full pretrial motion practice including discovery enforcement under Article 39.14;¹⁵ and pretrial diversion screening. The fee shown here is honored while this page is published, consistent with Texas Disciplinary Rule of Professional Conduct 7.02(d).¹⁸

Any work outside the scoped fee is billed at $250 per hour and is disclosed in the written engagement letter before it begins. The engagement letter is the binding contract for the matter.

The first step is a conversation. The initial 30-minute consultation with Forrest Good PLLC is free and is scheduled through the office's Google Booking page. It is the time to walk through the charging instrument, the offense report, and any damage estimate, and to map out where the alleged loss sits on the ladder before any setting. Bringing those documents makes the half hour far more useful.

No attorney-client relationship is formed until a written engagement letter is signed; the consultation itself carries no obligation.

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