Charged with Criminal Damage to Property – What Should I Do?
Charged with Criminal Damage to Property – What Should I Do?
Criminal damage to property may carry serious legal consequences. See what steps you should take immediately to protect your rights.
Are you accused of criminal damage to property? Learn what criminal law provides, the penalties you may face, and the immediate steps you should take to safeguard your rights. Proper legal guidance from the outset can play a decisive role in the outcome of your case.
What Constitutes Criminal Damage to Property
Criminal damage to property includes any act resulting in destruction, damage, or rendering the use of property impossible. The person causing the damage must not be the owner, but a third party. Therefore, the damaged property must belong to another person, even partially.
The offence may be committed either intentionally or through negligence. In certain cases, it may be elevated to a felony, particularly where the damage concerns a work of art or a collectible item.
Applicable Penalties
Penalties vary depending on the severity of the offence:
In its basic form, the offence is punishable by imprisonment of up to two (2) years or a monetary fine.
If the property is of minor value or the damage is slight, a monetary fine or community service may be imposed.
If the property is of particularly high value, is located in a public space, or the act was committed without provocation by the injured party, the penalty includes imprisonment of at least one (1) year and a monetary fine.
Finally, if the damage concerns property intended for public use, or constitutes an artistic or historical monument, or if it was caused by fire or explosive materials, the penalty is imprisonment of at least two (2) years and a monetary fine.
What to Do If You Are Accused
Do Not Provide Statements Without Legal Representation
Any statement you make may be used against you. All communication with authorities should be conducted under legal guidance.
What to Pay Attention to from the Outset
Avoid any direct communication with the injured party without legal advice
Do not sign any documents without prior review by a lawyer
Record the facts immediately while they are still fresh in your memory
Contact a Criminal Defense Lawyer Immediately
Early intervention by an experienced criminal defense lawyer can significantly reduce the consequences of the charges.