What is Criminal Damage?
Criminal Damage involves the intentional or reckless damage or destruction of property belonging to another person. To be guilty of Criminal Damage, there must be intent or recklessness. This means that even if you foresee a risk of damage and take that risk, resulting in damage, you can be found guilty.
You can be charged with Criminal Damage even if the property is shared between you and another person, provided the other owner(s) did not give permission. The offence is treated more seriously if it results in injury or poses a risk of injury to another person, influencing the severity of the sentence.
Sentencing Guidelines for Criminal Damage
There are three main categories of Criminal Damage, each with specific sentencing guidelines:
- Damage less than £5,000: A fine of up to £2,500 and up to 6 months in prison.
- Damage more than £5,000: Up to 10 years in prison.
- Racially or religiously aggravated damage: Up to 14 years in prison.
The sentence depends on several factors, including:
- The level of planning or premeditation.
- The degree of recklessness and intent to cause damage.
- Whether the damage was a revenge attack.
- The level of distress caused.
If fire is involved in any case of Criminal Damage, it is then prosecuted as Arson.
What Should You Do If You Need a Criminal Damage Defence Solicitor?
If you or a family member is accused of Criminal Damage, seeking legal advice immediately is crucial. Ensuring you get the best possible advice and providing detailed facts about your case can significantly impact the outcome. At MK Law, our experienced defence solicitors and advocates are committed to offering expert advice and representation, from the police station to the courtroom.
