Dallas Vandalism Lawyer

We understand feeling confused, scared, and unsure of what to do if you are facing a vandalism charge in Dallas. Fortunately, the experienced criminal law team at The Carmichael Law Firm PC can help keep this kind of charge from overwhelming you. 

Dallas vandalism lawyer Justin Carmichael is an award-winning criminal defense attorney who focuses on each client’s unique needs and concerns. Our team is highly experienced and works tirelessly to protect our clients’ rights as well as their futures.

Understanding the Charges

There is a dizzying variety in the types of vandalism charges an individual can face. But we can help you understand the details and consequences of any charge against you.

Criminal Mischief

To prove criminal mischief, the prosecution must show that you intentionally or knowingly did the following: 

• Damaged property;
• Tampered with property, causing substantial inconvenience or pecuniary loss to the owner or a third person,
• Destroyed property; or 
• Made markings on property.

The prosecution must also prove that you caused the damage without the owner’s permission.

Criminal mischief charges vary significantly based on the amount of damage caused. Generally, the charge is a misdemeanor if the alleged damage is less than $2,500. If the prosecutor alleges damages over that amount, they will likely seek felony charges.

These are serious consequences. And the court might increase a penalty if the State proves that you caused damage to a particular type of property. Any conviction can impact your job, your reputation, and your future. Having a skilled Dallas vandalism attorney is crucial to your freedom.

Graffiti

Similar to criminal mischief, graffiti requires the prosecution to prove that you knowingly or intentionally made a mark on someone’s property without the owner’s permission. Allegations of damages of $2,500 and under are classified as misdemeanors, while anything over that is a felony.

Penalties can increase if you cause damage to a social, educational, healthcare, historic, or religious space.

Damaging a Critical Infrastructure Facility

A critical infrastructure facility is one of the following:

• A facility that generates electrical power,
• An electrical distribution facility,
• A switching station,
• An electrical control center,
• A substation, or
• An electrical transmission facility.

If the State proves that you intentionally or knowingly damaged, vandalized, destroyed, or impaired the function of one of the above-listed facilities and caused an extended power outage, you could be guilty of damaging a critical infrastructure facility. 

In general, this crime is a second-degree felony. But if you cause $100,000 in damage or use weapons, a cyber attack, or a drone to commit the crime, the crime is a first-degree felony. Our Dallas vandalism defense attorney can protect you from false accusations and help ensure the prosecution does not overcharge you for an offense.

Reckless Damage or Destruction

If you recklessly destroy or damage another person’s property without their consent, you could be found guilty of a Class C misdemeanor.

Penalties

We mentioned above that a vandalism charge could be a misdemeanor or felony, depending on the value of the damages the prosecutor alleges. Within each, there are several classes of charges that carry varying levels of consequences. The penalties for those charges are the following: 

• Class C misdemeanor. You could be fined $500 or less.
• Class B misdemeanor. You could be jailed for up to 180 days and fined $2,000 or less.
• Class A misdemeanor. You could be jailed for up to one year and fined $4,000 or less.
• State jail felony. You could be jailed for between 180 days and 2 years and fined $10,000 or less.
• Third degree felony. You could be imprisoned for between 2 and 10 years and fined $10,000 or less.
• Second degree felony. You could be imprisoned for up to 20 years and fined $10,000 or less.
• First degree felony. You could be imprisoned for five years to life and fined $10,000 or less.

There is a lot of nuance between these charges, and the prosecution must prove that you had the necessary intent to be held liable. Our Dallas vandalism lawyer can help you properly identify the charges levied against you, craft a defense specific to your needs and circumstances, and negotiate with the prosecutor to potentially secure a reduction in charges or a plea deal.

“We keep you informed every step of the way.”

My goal is to help you navigate the legal system with confidence and assurance. Hi, I’m Justin Carmichael, and I’m dedicated to providing the best possible defense for my clients. I understand that facing criminal charges can be an overwhelming experience, and my goal is to help you navigate the legal system with confidence and assurance.

– Justin Carmichael

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Defending Yourself

The Carmichael Law Firm PC can help you build a strategy that protects your rights and reduces the potential consequences.

Here are some defenses we may use:

• Lack of intent. We may argue that you did not intentionally, knowingly, or recklessly damage the property.
• Ownership. If you were the sole owner of the property when you damaged it, you may not be liable for a crime.
• Mistaken identity. We may argue that you were wrongly identified as the person who committed the offense.
• Lack of evidence. We may challenge the State’s evidence to show that it is insufficient to prove your guilt beyond a reasonable doubt.
• Consent. We may demonstrate that the property owner gave effective consent for your actions.

We can gather the best evidence to prove your innocence and prevent the prosecution from submitting improper proof to the court.

Protecting Your Innocence Is Our Job

The Carmichael Law Firm PC is committed to providing each client with the highest quality legal representation. Our advocacy is personalized and award-winning, and we understand the complexities of Texas criminal law. Contact us online or by phone today to schedule a consultation, where we can answer your questions, review your options, and begin charting a path forward. Don’t sit idly by while vandalism charges hang in the balance—let The Carmichael Law Firm PC get to work for you today.

Resource List

Texas Statutes, Penal Code, §28.05, link.

Texas Statutes, Penal Code, §28.04, link.

Texas Statutes, Penal Code, §12.23, link.

Texas Statutes, Penal Code, §12.22, link.

Texas Statutes, Penal Code, §12.21, link.

Texas Statutes, Penal Code, §12.35, link.

Texas Statutes, Penal Code, §12.34, link.

Texas Statutes, Penal Code, §12.33, link.

Texas Statutes, Penal Code, §12.32, link.