Depends on Damage Amount Penal Code 28.03 | ||
(1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or inconvenience to the owner or a third person; or (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner. An offense is a Class C misdemeanor if the amount of pecuniary loss is less than $50 or causes substantial inconvenience to others. An offense is a Class B misdemeanor if the amount of loss is $50 or more but less than $500. |
*The problem here is proving “intentionally or knowingly”. If the damage can be interpreted as an accident then do not use this offense. If the offense is small and/or you anticipate a big fuss over the charge then use Reckless Damage or Destruction P.C. 28.04 which is an easy to prove Class C misdemeanor. For criminal mischief you need an admission to the destruction or to personally witness the act itself to refute any clever challenges later in court. The term “inconvenience” is very vague but it should include anyone on staff having to clean up a large or difficult mess. Market Value determines your damages: a destroyed 11 year old encyclopedia set does not mean you can set $1400 as your damages for a completely new replacement set. Also, your ruined aluminum mailbox replaced by an ornate iron mailbox is not the amount of your damages. You need to file a Request for Restitution with your Complaint and show proof of damages with receipts or reputable repair estimates otherwise all you have is a conviction for the crime but no money damages. | |
