Texas Livestock Fence Cutting: Felony Risks You May Not Expect

 Posted on November 16, 2025 in Criminal Defense

In rural Texas, fencing is more than property – it is also protection. Ranchers and farmers rely on their fences to keep cattle, horses, goats, and other livestock safely contained. While cutting a livestock fence in Texas may seem like a minor property dispute, under Texas state law (Penal Code, Title 7, Chapter 28), it is treated as a serious criminal mischief offense with severe consequences.

Literally thousands of dollars in property damage can occur within minutes when livestock and breeding stock escape.  Intentionally or recklessly opening a fence line can potentially result in felony-level penalties, restitution for escaped or injured livestock, and civil lawsuits.

Texas prosecutors aggressively pursue fence-cutting cases to protect livestock and reduce rural property crimes. If you are facing such serious charges, you must speak to a knowledgeable Houston, TX criminal defense attorney as quickly as possible to ensure your rights and your future are protected.

How Texas Law Views Criminal Mischief When Fence Cutting is Involved

Criminal mischief occurs when a person intentionally or knowingly damages or destroys another person’s property. Cutting or tampering with another person’s fence falls within this statute because it damages a functioning fence, interferes with the containment of livestock, and creates a foreseeable risk of loss and/or injury.

In many Texas counties, the District Attorney’s office treats fence-cutting cases as high-priority prosecutions. Texas calculates criminal mischief penalties based on the value of the damage. What surprises many defendants is that the value goes far beyond the cost of repairing the fence and can include:

• Damage caused by animals to neighbors
• Veterinary bills for injured animals
• Loss in breeding value or pedigreed animals
• Replacement cost of livestock that are injured or killed
• Cleanup and recovery expenses

When added together, these amounts can quickly reach felony levels, even when the damage appears to be relatively minor.

Penalties for Cutting a Texas Livestock Fence

If the amount of damage resulting from cutting a Texas livestock fence is between $100 and $749, the offense is charged as a Class B misdemeanor, with a potential penalty of up to 180 days in jail. If the amount of the damage is between $750 and $2,499, the offense is charged as a Class A misdemeanor, with a potential penalty of up to one year in jail.

A state jail felony (180 days to two years in jail) results if the amount of damage is between $2,500 and $29,999, and a third-degree felony (two to 10 years in prison) will be charged if the amount of damage is between $30,000 and $149,999.  For damage between $150,000 and $299,999, a second-degree felony (two to 20 years in prison) is charged, and when the damage is $300,000 and over, the offense is charged as a first-degree felony (five to 99 years in prison).

Additional Charges That Often Accompany Fence-Cutting Criminal Mischief Charges

Fence cutting is rarely charged on its own and may have criminal trespass, criminal negligence, livestock endangerment, reckless damage, or destruction added to the original charges. Civil liability is also highly likely, as ranchers and landowners frequently pursue lawsuits to recover their losses for damaged crops, lost livestock, and injuries caused by escaped animals.

Defenses to the Crime of Criminal Mischief for Cutting a Livestock Fence

While the specific defense will depend on the facts and circumstances surrounding the charges, lack of intent is one of the more common defenses. Other defenses include disputes over property boundaries, a belief that the fence was on the defendant’s property, insufficient damage value to justify felony enhancement, or a lack of proof tying the defendant to the damage.

Contact a Houston, TX Criminal Defense Lawyer

If you are facing criminal mischief charges for cutting a livestock fence, you need highly experienced legal representation. When you choose a Houston criminal mischief attorney from Murphy & McKinney Law Firm, P.C., you will receive an aggressive defense that ensures the best possible outcome. Call 713-229-8333 to schedule your initial attorney meeting.