I have a guy that discharges his shotgun at a vehicle causing damage less than $1500. I have already charged Deadly Conduct, but I want to add a count for state jail Criminal Mischief.

On page 65 of TDCAA Criminal Laws of Texas, under the section on Drive-by Shooting, it reads "Under 28.03(b)(4), it is a state jail felony to cause damage to property OR a house with a firearm."

However, upon reading 28.03(b)(4) it actually reads, "less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm."

So unless I am missing something, this only applies to a habitation and not a vehicle, correct?

Also, on page 61 of the charging manual under (E) Use of Firearm, blank #1 reads "describe property." Is this correct if only a habitation applies?

Your thoughts are appreciated.

Unless the vehicle your victim was in was his/her habitation (28.01-1), I can't see SJF criminal mischief as you mentioned. However, at today's costs of body repair, upholstery repair, and other costs of restoring the vehicle to its pre-shooting conditon, you might reach the $1500.00 threshold anyway??