Property Damage Lawyers

Our team of property damage lawyers are here for you. We understand that facing property damage allegations can be overwhelming and can carry severe legal consequences, including hefty fines and potential imprisonment. There are also financial ramifications in the form of restitution and compensation orders, which can seriously affect your financial future. If you have been charged with property damage, it is important to have a skilled and experienced lawyer on your side.

Having worked extensively across property damage cases, we understand that there are often complexities and nuances in this area. Whether the damage occurred as a result of an accident, a misunderstanding, or a more complicated situation, our goal is to build a robust defense tailored to your unique circumstances. We will investigate the details of your case, gather evidence, and work to challenge the prosecution’s claims.

At Galbally Parker, our approach is client-centered. We prioritise your interests and work tirelessly to minimise the impact of these allegations on your life. We aim to achieve the best possible outcome, whether that involves negotiating a favorable settlement, seeking alternative resolutions, or defending you in court. With our expertise and dedication, you can be confident that you have a strong advocate in your corner.

What are Property Damage Charges?

Damaging or destroying property in Victoria is an offence under section 197 of the Crimes Act 1958. The penalties for this offence vary based on the type of property damaged and the circumstances of the incident. Additionally, several offences related to property damage are outlined in the Summary Offences Act 1966. 

If a person is charged with a summary offence of property damage in Melbourne or elsewhere in Victoria, their case will be heard in the Magistrates’ Court if they are an adult, or in the Children’s Court if they are under 18. Upon being found guilty, the accused may face a fine, a good behaviour bond, a short term of imprisonment, or another sentencing order. Significantly, they can also be convicted, which means that they will have a criminal record for at least 10 years if they are an adult. Given that most property damage matters are committed by relatively young people, having a criminal conviction on your record can adversely affect employment, home ownership, financial security and travel. 

Wilful Destruction or Damage of Property (Section 9)

Under section 9 of the Summary Offences Act, the offence of wilful destruction or damage of property valued at less than $5,000 is detailed. This offence carries a penalty of a fine of up to 25 penalty units or six months’ imprisonment.

Acts Tending to Damage Property (Section 7)

Section 7 states that a person can be found guilty if they engage in specific actions that tend to cause property damage. These actions include throwing stones and dragging heavy materials along a path or road. The penalties for these offences include a fine of up to 25 penalty units or imprisonment for up to six months.

Posting Bills or Defacing Public Property (Section 10)

Under section 10, a person can be found guilty of an offence if they post bills, paint, or write on public property without consent. This offence is punishable by a fine of up to 15 penalty units or imprisonment for up to three months.

Property Damage Charges Under the Crimes Act 

The various types of property damage offences that can be charged under the Crimes Act are summarised below. These are indictable offences, meaning they are handled in higher courts such as the County Court and Supreme Court. A criminal matter that is indictable begins in the Magistrates’ Court or Children’s Court but is then committed to a higher court, where it is concluded through a plea or by a jury trial.

Intentionally Destroying or Damaging Property

It is an offence for a person to intentionally destroy property belonging to themselves or others without lawful excuse. This offence can result in a penalty of up to ten years’ imprisonment.

Damaging Property Endangering Life

A person commits an offence if they destroy or damage property with the intention of endangering another person’s life. This offence carries a maximum penalty of 15 years’ imprisonment.

Damaging Property with a View to Gain

A person who deliberately damages property for dishonest gain, either for themselves or others, can face up to 10 years in prison. This offence includes situations where the individual aims to destroy property or is aware that their actions are likely to cause such damage.

Arson

A person found guilty of committing arson can face a prison sentence of up to 15 years.

Possible Defences a Property Damage Lawyer May Use

Individuals facing property damage charges have several potential defences available to them, depending on the circumstances of their case. These defenses can be crucial in protecting their rights and ensuring a fair legal outcome.

Accident

If the property damage occurred unintentionally and was the result of a genuine accident or mistake, it may be possible to demonstrate that there was no intent to cause harm or destruction. This defence relies on establishing that the damage was truly accidental and not the result of negligence or recklessness.

Lawful Justification

This defence involves demonstrating that there was a legitimate reason or justification for the actions that led to the property damage. For example, if the defendant was acting in self-defence or defence of others, or if they were lawfully exercising their rights, such as in the case of protecting their property from imminent harm, this may constitute lawful justification for the damage caused.

Sudden or Extraordinary Emergency

This defence recognises that individuals may be forced to take immediate action to address a sudden and unforeseen emergency situation, even if it results in property damage. For example, if a person damages property while attempting to prevent harm to themselves or others during a crisis, such as a fire or a medical emergency, they may be able to argue that their actions were justified by the exigencies of the situation.

It’s important to note that the availability and success of these defences can vary depending on the specific facts and evidence of each case. Consulting with an experienced criminal defence lawyer who understands the nuances of property damage law in Victoria is essential for effectively asserting any applicable defences and protecting one’s legal rights.

Why Choose Galbally Parker Property Damage Lawyers?

At Galbally Parker. Our team of property damage lawyers have a deep understanding of the complexities of property damage law and a proven track record of successfully defending clients. Our commitment to personalised attention, strategic advocacy, and diligent defence ensures that each client receives the highest level of legal representation tailored to their unique circumstances. 

With our expertise and dedication, clients can trust that their rights will be vigorously protected, and their best interests will be at the forefront of their legal strategy.