Texas Penal Code 28.04 – Reckless Damage or Destruction

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Texas Penal Code 28.04 – Reckless Damage or Destruction

WHAT IS RECKLESS DAMAGE OR DESTRUCTION IN TEXAS?

A person recklessly damages or destroys another’s property when the person knew or should have known about an unjustifiable risk, but disregarded that risk, and one’s property was damaged as a result.

WHAT IS THE RECKLESS DAMAGE OR DESTRUCTION LAW IN TEXAS?

Tex. Penal Code § 28.04. RECKLESS DAMAGE OR DESTRUCTION.

(a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.

(b) An offense under this section is a Class C misdemeanor.

WHAT IS THE PENALTY CLASS FOR RECKLESS DAMAGE OR DESTRUCTION IN TEXAS?

Reckless damage or destruction is a Class C misdemeanor, punishable by a fine of $500 and no jail time.

WHAT IS THE PUNISHMENT RANGE FOR RECKLESS DAMAGE OR DESTRUCTION IN TEXAS?

Reckless damage or destruction, a Class C misdemeanor, carries a maximum fine of $500.

WHAT ARE THE PENALTIES FOR RECKLESS DAMAGE OR DESTRUCTION IN TEXAS?

To avoid a conviction, a person charged with reckless damage or destruction may be placed on deferred adjudication for up to 180 days. The judge who defers further proceedings without finding the person guilty may require conditions of deferred adjudication, such as community service, counseling, or payment of any restitution.

WHAT ARE THE DEFENSES TO RECKLESS DAMAGE OR DESTRUCTION IN TEXAS?

The statute does not authorize specific defenses to reckless damage or destruction. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR RECKLESS DAMAGE OR DESTRUCTION IN TEXAS?

The statute of limitations for reckless damage or destruction, a Class C misdemeanor, is two years.

RECKLESS DAMAGE OR DESTRUCTION IN TEXAS

Reckless damage or destruction requires that another’s property damage was the result of a person’s recklessness, or conscious disregard of a substantial and unjustifiable risk. It is a lesser-included offense of criminal mischief, and is not punishable by anything beyond a maximum fine of $500.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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