Criminal defense across Denton County and Collin County
Graffiti
Chapter 28 of the Texas Penal Code sets the regulations and punishments involved with arson, criminal mischief, and other forms of property damage and destruction.
“Graffiti”, as per § 28.08 of the Texas Penal Code, occurs when a person, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:
an indelible marker; or
An offense under this section is:
a Class C misdemeanor if the amount of pecuniary loss is less than $100;
a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;
a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;
a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;
a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
a felony of the first degree if the amount of pecuniary loss is $300,000 or more.
If the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs, and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000, it is a state jail felony.
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Misdemeanor B
Confinement in jail for a term not to exceed 180 days
Fine not to exceed $2,000
Misdemeanor A
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
State Jail Felony
Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
Imprisonment in the institutional division for not more than 20 years or less than two years
First Degree Felony
Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
Punishment Range Misdemeanor C Fine not to exceed $500 Misdemeanor B Confinement in jail for a term not to exceed 180 days Fine not to exceed $2,000 Both such fine and confinement Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement State Jail Felony Confinement in a state jail for not more than two years and not less than 180 days In addition to confinement, may receive a fine not to exceed $10,000 Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Second Degree Felony Imprisonment in the institutional division for not more than 20 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 First Degree Felony Imprisonment in the institutional division for life, or Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
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Office locations
- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
- Plano office: 7200 Dallas Parkway, Plano, TX 75024