Could I Go to Jail for Hitting a Mailbox?

By Tad Nelson; Board Certified in Criminal Law by The Texas Board of Specialization

There are many misdemeanor crimes in Texas. A misdemeanor is a criminal offense that is less serious than a felony but can still lead to up to one year in jail, fines, probation, and a permanent criminal record. In traffic-related cases and other offenses involving property damage, what seems like more than a simple ticket can quickly turn into charges with lasting consequences.

For people in Houston, Galveston, and the surrounding areas who are facing misdemeanor charges, this page focuses on misdemeanor offenses, the penalties tied to them, and traffic-related cases such as hit and run. For example, a Class B misdemeanor carries a maximum penalty of 180 days in jail and/or a fine not exceeding $2,000. Even though a misdemeanor is not as serious as a felony, a conviction can still affect employment, housing, immigration status, and professional licensing, which is why early defense strategy and experienced legal representation are so important.

Houston Court Upholds Misdemeanor Conviction of Women in Hit-and-Run Who Failed to “Immediately” Notify Owners of Damaged Property

If you think Houston-area prosecutors do not take misdemeanor crimes seriously, consider this recent decision by the 14th District Court of Appeals, Burks v. State. A misdemeanor is an intermediate-level criminal offense—less serious than a felony, but still punishable by jail, fines, probation, and a criminal record—and this case shows how a minor traffic crash involving property damage can quickly become a criminal case.

This case began when a woman–the defendant–was driving to work one morning. She accidentally struck and damaged a parked vehicle and a mailbox. A witness working in a nearby building observed what happened at the scene and called 911.

As it turned out, the mailbox belonged to a law firm. Two of the firm’s employees said they “heard a loud noise” from outside. Upon investigation, one of the employees discovered it was her vehicle the defendant struck.

For her part, the defendant said she did not realize there had been an accident until after she arrived at her own office and a co-worker noticed there was a flat tire on the defendant’s car. Later that day, the defendant retraced her steps and noticed the damaged vehicle parked outside the law firm. At this point, the defendant went into the law firm, notified the driver of what happened, and provided her insurance information.

You might think this would have been the end of the story. But the defendant then spoke with the police. After hearing the defendant’s story and reviewing surveillance footage taken from a nearby camera, prosecutors charged the defendant with two Class B misdemeanors, both related to her alleged failure to “immediately stop” and notify the owners of the car and mailbox, respectively, about the damage she caused; when a driver leaves a motor vehicle crash without stopping to report it or identify herself, that can turn the event into a hit-and-run crime subject to penalties that vary depending on personal injury or property damage. In many jurisdictions, traffic laws require the person involved to stop, identify themselves, assist injured persons, and make a report, and the act of leaving can also affect a driver’s license. In many jurisdictions, hit-and-run involving only property damage is treated as a misdemeanor, while injury or death can elevate the offense to a felony; for example, Washington treats property-damage hit-and-run as a misdemeanor, hit-and-run causing injury as a Class C felony, and hit-and-run causing death as a Class B felony.

A trial court found the defendant guilty of both counts and sentenced her to 12 months’ probation, 48 hours of community service, and a $1,250 fine; at sentencing, defense counsel may present positive facts such as work history, family responsibilities, or community service, and the outcome can depend on the seriousness of the crime, the defendant’s history, and what penalties a judge may impose within statutory maximum penalties. The defendant subsequently appealed her conviction, arguing there was insufficient evidence of her guilt. Even though misdemeanors are less severe than felonies, a conviction can create a permanent criminal record and reduce employment opportunities. It can also affect housing background checks, create immigration complications for non-citizens, and interfere with professional licensing. Specifically, she maintained that she was not aware of the collision with the unattended car or mailbox until after she arrived at work, and once she realized something happened, she promptly retraced her steps and took responsibility. On appeal, defendants may argue legal error, but sentencing is generally not the time to argue the underlying facts instead of accepting responsibility.

The Court of Appeals was not sympathetic. It declined to second-guess the trial court’s weighing of the defendant’s credibility against the other evidence presented. Of note, the 14th District pointed to the surveillance video, which “showed the [defendant] did not merely strike a glancing blow against the mailbox, but that she crossed a lane of oncoming traffic and jumped the curb on the opposite side of the street before squarely striking and destroying the mailbox.” Forensic evidence can help determine what happened, identify the vehicle involved, and support or disprove witness testimony. Paint chips can link vehicles to hit-and-run incidents, and DNA analysis can identify perpetrators, including through bloodstains that match victims to suspect vehicles. Touch DNA samples can be harder to analyze, but they may still help the prosecution identify the subject. For anyone in Houston or Galveston facing misdemeanor charges after a traffic incident, this is the kind of case that shows why early defense strategy matters, because even lower-level offenses can carry serious penalties and lasting consequences. In many jurisdictions, expungement or sealing may be available only after certain conditions are met, and when a charge is filed as a felony in Washington, it is filed in Superior Court.

Contact a Galveston and League City Misdemeanor Criminal Offense Defense Lawyer Today

As you can see, minor traffic accidents can quickly escalate into misdemeanor criminal charges, and hit-and-run penalties vary by state in the U.S. In Washington, a misdemeanor would typically be filed in District Court, though the case may be filed differently based on how serious the offense is, whether anyone was hurt, and what conduct the driver is accused of after the crash, while more serious charges are handled in higher courts.

This is why you need to work with an experienced Houston criminal defense attorney if you are charged with any degree of misdemeanor offense. Other jurisdictions handle these cases differently: some offenses follow different prosecution rules, and in some places a serious hit-and-run may affect bail or a driver’s license; in Canada, hit-and-run can bring 5 years imprisonment; in Texas, a fatality case may be treated as a third degree felony with prison exposure; and in Australia, the maximum punishment can include 20 points, depending on what the judge is considering. Outcomes can depend on the crash report, the facts investigators file, and the evidence used to identify the person involved. Contact the Law Offices of Tad Nelson & Associates today if you require immediate legal assistance.