Our expert criminal lawyers for a malicious damage of property offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations. You can read our reviews here.
Malicious damage of property
Damaging or destroying property involves when a person intentionally or recklessly destroys or damages property belonging to another person. Property involves:
- Real and personal property
- Valuable securities, debts and legacies,
- All deeds and instruments relating to, or evidencing the title or right to any property.
Destroying or damaging can include:
- Punching a hole in a wall,
- Smashing a window,
- Breaking someone’s property.
Pleading not guilty
You will be found not guilty of the offence of malicious damage of property if the police cannot prove beyond a reasonable doubt:
- You destroyed or damaged property that belonged to another person, or the accused and another person;
- The destruction or damage was done maliciously, with intent or recklessness.
The prosecution must also be able to prove that you were the one who committed the offence. If the prosecution is unable to prove the elements above, you won’t be found guilty. You can read more information about pleading not guilty here. The main defences include:
Pleading guilty
If you agree that you have committed the offence and the police can prove it, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse.
Malicious damage of property carries a maximum penalty of 5 years’ imprisonment. This penalty is typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including not having a conviction recorded here. You can read more about pleading guilty here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat a malicious damage of property charge or obtain a lenient sentence for you if you plead guilty. Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.