FELONY CRIMINAL MISCHIEF CHARGES

Criminal mischief becomes a felony in Texas when the financial loss, destruction, or damage caused meets specific thresholds or when the crime involves certain types of property or conduct. These offenses are defined under the Texas Penal Code, Section 28.03; depending on the specifics of the case, felony criminal mischief can be classified as either a state jail, third-degree, second-degree, or first-degree felony.

Criminal mischief is classified as a state jail felony when:

• The damage is valued at $2,500 or more but less than $30,000;
• The act involves tampering with or damaging a public water supply;
• The damage is valued at less than $2,500 but the property damaged or destroyed is a habitation (residential property) and the damage is caused by a firearm or explosive weapon;
• The damage is valued at less than $2,500 but the offense involves damaging a fence containing livestock, bison, or exotic animals; or
• The damage is valued between $750 and $30,000 and the property damaged includes a place of worship, burial, public monument, community center providing medical or social services, or a public or private school.

Criminal mischief rises to a third-degree felony if:

• The financial loss caused by the damage is $30,000 or more but less than $150,000;
• The act causes the death of one or more cattle, bison, or horses, except when it occurs in the course of regular agricultural practices or military duties; or
• The crime disrupts, destroys, or damages communications equipment, transportation systems, or other utilities, creating a risk to public safety.

Criminal mischief becomes a second-degree felony when:

• The damage or financial loss is $150,000 or more but less than $300,000.

The most serious form of criminal mischief is a first-degree felony. This classification applies when:

• The damage exceeds $300,000; or
• The property involved is livestock, and the damage is caused by introducing a disease, such as mad cow disease, resulting in significant financial loss.

In certain cases, Texas law allows the value of damages from multiple actions to be aggregated into a single charge if the offenses are part of the same scheme or continuing course of conduct. Thus, if a person damages multiple pieces of property in one crime spree, the total value of all the damage can be combined to determine the level of the offense.