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Texas Criminal Defense Lawyer Wayne Goralski

 An experienced criminal lawyer fighting for your rights

Criminal Mischief

If you have been arrested and charged with Criminal Mischief in Texas, you need an experienced criminal defense lawyer on your side.  If you want justice, then you will have to fight for it and present your case in the best possible light. As a criminal defense lawyer Wayne Goralski understands how to deconstruct a criminal case, and build your defense case, so that you can assert the best criminal defense.  The other side wants to win, if you have been charged with a crime in Texas, you need an experienced criminal defense lawyer on your side.  Attorney Wayne Goralski  will fight to defend the rights of his clients. He has built his reputation on getting results. He is intimately familiar with all facets of the Texas criminal justice system, and has the criminal defense knowledge and skill to make sure you understand your legal options and to guide you through the criminal legal process.

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Attorney Wayne Roger Goralski is a Houston-based attorney, working as a criminal defense lawyer and handling civil litigation cases, has more than 27 years of experience as a former criminal justice professional with the Houston Police Department. Wayne has been trained and has handled Burglary and Theft Investigations as an police investigator for Houston Police Department. Wayne Goralski, served as the Administrative Lieutenant for the Burglary and Theft Division, the HPD’s largest investigative division, with  administrative and operational responsibilities for the division, including the review through the intake section of all arrests with holds for property crimes such as burglary, felony theft, misdemeanor theft, burglary of a motor vehicle, criminal mischief, financial crimes, forgery, insufficient funds, credit card fraud, and identity theft.  Wayne is now honorably retired and practicing law as the owner of his own law office. Wayne Goralski spent 10 years working the streets of Houston as a Supervisor and a Police Officer, and 17 additional years as a Squad and Division Commander. Wayne Goralski worked for several years as the Supervising Staff Attorney, in the Chief’s Command for the Chief of Police.  Wayne Goralski has been a licensed Texas attorney for 17 years, since 1997.

Based in Houston Criminal Attorney Wayne Goralski has handled cases for clients in numerous Texas Courts including the Harris and Montgomery County Civil, District and County Criminal, Family, and Juvenile Courts. Wayne Goralski has represented clients, all over Southeast Texas, including various related city courts, Houston, Pasadena, Baytown, Bellaire, League City, Missouri City, Pearland, Seabrook, Stafford, Sugarland, Tomball, and in the Woodlands.If you need an experienced based in Houston criminal lawyer, call Wayne now.

The list of crimes and variations that form the category known as Criminal Mischief in Texas are found in Chapter 28. of the Texas Penal Code.  Based on the context, the situation, the characteristics of the act and property in question, the extent of the Criminal Mischief, the exact title of the criminal offense and penalties will vary. It is important to hire an experienced Texas or Houston Criminal Defense Lawyer who will examine and find each and every disputable element to the benefit of the defendant.

Sec. 28.03.  CRIMINAL MISCHIEF.  (a)  A person commits an offense if, without the effective consent of the owner:

(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 substantial 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.

(b)  Except as provided by Subsections (f) and (h), an offense under this section is:

(1)  a Class C misdemeanor if:

(A)  the amount of pecuniary loss is less than $50; or

(B)  except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

(2)  a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;

(3)  a Class A misdemeanor if:

(A)  the amount of pecuniary loss is  $500 or more but less than $1,500; or

(B)  the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4)  a state jail felony if the amount of pecuniary loss is:

(A)  $1,500 or more but less than $20,000;

(B)  less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C)  less than $1,500, if the property was a fence used for the production or containment of:

(i)  cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or

(ii)  game animals as that term is defined by Section 63.001, Parks and Wildlife Code; or

(D)  less than $20,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

(5)  a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

(6)  a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(7)  a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

(c)  For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:

(1)  diverted from passing through a metering device;  or

(2)  prevented from being correctly registered by a metering device;  or

(3)  activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.

(d)  The terms “public communication, public transportation, public gas or power supply, or other public service” and “public water supply” shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.

(e)  When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

(f)  An offense under this section is a state jail felony if the damage or destruction is inflicted on 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 less than $20,000.

   

Don’t delay. Contact the Law Office of Wayne Goralski today. When you have been charged with a criminal mischief crime, choose a based in Houston criminal defense attorney with the experience and dedication to make a difference. Call 832-834-4656 or contact the office online to schedule your initial consultation regarding your criminal case. With offices conveniently located in Houston, Texas, Mr. Goralski is a Houston Criminal Defense Lawyer who stands ready to represent you in your criminal matter.

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