Property damage priced by repair estimates — estimates the complainant provides, and the defense audits. Criminal mischief brackets move on numbers nobody has verified yet.
Charge: Criminal Mischief — Penal Code § 28.03
Level: Class C misdemeanor to felony, by pecuniary loss
Range: Mirrors the theft ladder: <$100 fine-only → $2,500–$30K state jail felony → higher
Court: Municipal/JP through district court, by level
How these cases play out in Central Texas courts
The ‘pecuniary loss’ driving the charge level is routinely the highest number anyone mentioned: full replacement quoted for repairable damage, contractor estimates never executed, pre-existing wear absorbed into the claim. Independent estimates drop brackets. Beyond valuation: these cases grow from disputes — exes, roommates, neighbors, landlords — where ownership interests, consent, and even who caused the damage are contested. Restitution resolved through counsel, as part of a negotiated outcome, regularly converts these cases into dismissals; informal payment without strategy just funds the complaint.
Questions we hear about this charge
They’re quoting full replacement for a scratched door — fair?
No — repair cost versus replacement is exactly the audit that moves charge levels. Get the defense estimate before any plea discussion.
It was partly my property too — can I damage what I own?
Joint and community ownership complicates the state’s case substantially. Shared-property fact patterns deserve real defense analysis, not a quick plea.
Will paying for the damage end the case?
Often it’s the centerpiece of a favorable resolution — when routed through counsel as part of the deal. Unstructured payments are admissions without benefits.
Facing a CRIM MISCHIEF charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.