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Criminal Damage Offences

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Criminal Damage Offences

Offences under this category range from causing simple damage to another’s property i.e. smashing a window, to the most serious arson allegations including setting fire to another’s property. Depending on the value of the damage caused and the way the offence is commissioned can result in a variety of sentencing powers being made available to the Court.

A common defence is that the property that is damaged does not actually belong to the other person, rather it is your own. This is commonplace in domestic allegations. Our solicitors have won cases with the defence of reasonable excuse in Court, where it is necessary to cause the damage in order to rescue an animal i.e. a dog that is left in a car in hot conditions and needs to be rescued.

Aggravated charges require proof that there was an intent to destroy or damage property or being reckless to this as well as intending to endanger life of another or being reckless to the endangerment.

Contact our experienced solicitors immediately to explore your defence. Our Solicitors have extensive knowledge in the following criminal damage offences:

It must be proven beyond reasonable doubt that without lawful excuse you have caused damage to, or destroyed another’s property with the intention of doing so or being reckless in causing the damage.

A person has a lawful excuse if:

  1. He believed at the time he had consent to damage the property from the owner or would have had such consent if the owner knew of the circumstances and damage.
  2. That the property was in need of immediate protection and the act itself would be reasonable in regard to all the circumstances.

If the property is proven to belong to you, this is a full defence.

This offence is committed if a person without lawful excuse destroys or damages any property by fire, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged.

This is a more serious offence than simple criminal damage which carries more serious punishment.

This is a low level offence where it must be proven that you interfered with a motor vehicle or trailer or anything in or on a motor vehicle or trailer with the intention of committing another offence including, stealing that vehicle and stealing anything in or on that vehicle.