We are here to help if you’ve been charged with destroy or damage property, or malicious damage. You can read more information on this charge below. In addition, you can book a free initial consultation to speak with our experienced criminal lawyers.
What counts as damage property?
Property does not have to be permanently damaged, or irreparable. Instead, it just needs to be unusable or not easily fixed.
You can be charged with damaging your own property if police can prove that the property is jointly owned with another person.
Can I avoid a criminal record for destroy damage property?
Yes, it’s possible to avoid a criminal conviction.
The court will consider a number of different factors to determine whether a conviction will be recorded. For example, the seriousness of the offence, your criminal history and your subjective circumstances.
Will I go to jail?
It’s possible to go to jail for this offence. In NSW, the maximum penalty is 5 years imprisonment.
Jail is unlikely for first time offenders. Most offenders will receive a conditional release order or community corrections order. However, the chance of jail increases if the circumstances are serious and the person has a criminal history.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
- Destroyed or damaged property; and
- The damage was inflicted intentionally or recklessly; and
- The property belonged to another person, or was jointly owned.
Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence or under duress.
We can help
Contact us today on 0421 700 497 for a free initial consultation.
