Cofer Luster Criminal Defense Lawyers | October 16, 2025 | Criminal Defense
Halloween has become increasingly popular in recent years. Kids and adults alike enjoy dressing up in costumes and enjoying an evening of fun and revelry. Unfortunately, Halloween night also sees more than its fair share of crimes committed and people arrested.
Keep reading below to learn about some of the most common Halloween-related criminal charges as well as the potential penalties for each.
#1. Vandalism (Criminal Mischief)
In Texas, acts of vandalism are prosecuted under the criminal mischief law. The law states that someone commits the act of criminal mischief if he “intentionally or knowingly damages or destroys the tangible property of the owner” without the owner’s consent.
This type of conduct is quite common on Halloween. For example, when a Halloween prank goes a little too far. Acts that could be considered criminal mischief include destroying decorations, egging vehicles or homes, or even throwing toilet paper. The specific charges and penalties associated with criminal mischief vary depending on the value of the property damaged.
Charges can range from a class C misdemeanor to a first-degree felony. Most criminal mischief charges on Halloween will be classified as misdemeanors because the property involved does not have substantial value, and the penalties may include fines and even some jail time.
#2. Trespassing
Many people enjoy exploring spooky places on Halloween, such as abandoned buildings or old cemeteries. Many of these spots are on private property, and individuals found exploring these areas may be charged with trespassing if notice has been posted stating that entry is forbidden.
Most trespassing charges are classified as misdemeanors, although they may be elevated to felony charges in some instances. Typically, the penalties for trespassing include a fine of up to $2,000 and a jail term of up to 180 days.
#3. Assault
When large groups of people get together for a Halloween party, and drinking is involved, that could be a recipe for an argument or a fight. These arguments, whether they lead to serious threats or physical altercations, may result in assault charges. According to Texas law, assault is when someone intentionally causes bodily injury to another person or threatens another person with imminent bodily harm.
Most assault charges are classified as a Class A misdemeanor, although the charges may be increased to felony charges based on the specific conduct that occurred. Misdemeanor assault charges can carry a penalty of up to one year in jail and fines of up to $4,000. Felony assault charges can carry a penalty of up to life in prison if certain aggravating factors are present.
#4. Alcohol Offenses
Alcohol is present at many Halloween parties and get-togethers. Unfortunately, some people decide to get behind the wheel of a vehicle after drinking. Others choose to go out in public while clearly intoxicated, and both of these situations can result in serious criminal charges and penalties.
DUI or DWI charges can result in penalties that include fines, jail time, license suspension, and other consequences. Underage drinking is another common Halloween-related alcohol offense. A first offense of underage drinking in Texas is a Class C misdemeanor.
Conviction may result in penalties such as:
- Fines up to $500
- Mandatory alcohol awareness course
- Community service
- Driver’s license suspension
Individuals who are not of legal drinking age should never consume alcohol. Similarly, adults who choose to drink on Halloween should avoid going out in public, and they should definitely avoid driving after drinking.
#5. Theft
Theft is quite common on Halloween because thieves know that many people are not at home. These thieves often exploit this fact to their advantage, breaking into houses and stealing property while families are away trick-or-treating. The severity of theft charges depends on the value of the property that was stolen.
Charges may range from simple misdemeanors to serious felony charges, and the penalties for these offenses may include fines and jail time.
Contact Cofer Luster Criminal Defense Lawyers Today to Speak With Our Fort Worth Criminal Defense Attorneys
If you were arrested on Halloween in Fort Worth, you need a reliable and experienced team of criminal defense lawyers to help protect your rights and defend you against the charges. The skilled legal team at Cofer Luster Criminal Defense Lawyers has extensive experience handling a wide range of criminal cases.
For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102