Criminal damage is an offence that people can find themselves accused of in a wide variety of circumstances, often with serious legal repercussions. Those found guilty face significant prison sentences, fines, and difficulty with getting employment in the future. Criminal damage accusations are also often people’s first run-in with the law, often isolated incidents of which they had no idea of the legal repercussions, making the whole investigation and trial process all that more stressful.
It’s absolutely essential that anyone facing criminal damage accusations seeks legal assistance as soon as possible, in order to fight their case as effectively as possible and limit any further damage.
What is criminal damage?
Criminal damage as an offence is defined under The Criminal Damage Act 1971 as the following:
“A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged.”
The damage does not have to be intentional for an individual to be found guilty of criminal damage; however, it must be provable that the defendant was aware that there was a risk of damage occurring as a result of their actions.
There are three main legal defences that are applicable to criminal damage cases, based on factors such as whether the risk was in order to protect their or another individual’s safety.
Sentencing for criminal damage
In criminal damage cases, the sentencing depends on the cost of the damage and whether or not there was an intention to endanger another individual’s life.
Where the damage does not exceed £5000 in value, maximum sentencing is relatively low: a level 4 fine, or £2500, and/or up to three months imprisonment. If the damage exceeds a value of £5000, the sentencing has the potential to be far more severe, with a sentencing maximum of up to 10 years imprisonment.
If it’s found that the intention was to endanger life, the sentencing maximum can be up to life imprisonment if the defendant is found guilty of attempted murder.
What we can do to help
With criminal damage cases, no matter the severity, it’s essential that you have a capable legal team of experienced criminal defence solicitors to take you through the process. We have years of experience in fighting criminal damage cases, and can provide assistance in the following ways:
- Prepare you for your interview under caution with the police, remaining with you during the interview itself to give advice
- Ensure that the law is applied in a just manner throughout the whole process
- Help you prepare for your trial and then represent you in court
- Help you to apply for bail, if necessary
- Take you through the appeals process if the result is not to your satisfaction
Being found guilty of criminal damage charges can have long-lasting effects on your life. As result, it’s essential that you seek legal advice as soon as possible, so that you can receive the best possible legal result.
Contact Ashcott Solicitors For Criminal Damage Allegation Defence
If you’ve been charged with a criminal damage offence, call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
