What is the bail for vandalism?
$400 to up to $10,000: jail or prison term of up to one year OR a fine of up to $10,000. $10,000 or more: fine of up to $50,000 OR incarceration in jail or prison for up to one year and a fine.
What is the usual sentence for graffiti?
The usual penalties for graffiti may include: Property Damage exceeding $400: 1-3 years and /or fine of up to $10,000 or more depending on the severity of the damage. Property Damage less than $400: punishable by a misdemeanor with penalties of up to 1 year In county jail and/or maximum of $1,000 fine.
Is criminal damage serious?
Our dedicated Crime Team can represent you at the Police Station, Magistrates Court, Crown Court or Appeal Court depending on your requirements. If charged with a criminal damage offence, it is vitally important that you seek legal advice immediately as the penalties can often be severe. …
What’s the sentence for property damage?
Many acts of vandalism are misdemeanors, meaning the maximum penalties include fines and up to a year in the local jail. However, vandalism that results in serious damage to valuable property is a felony. Defendants charged with a felony can face more than a year in state prison and significant fines.
What is lawful excuse for criminal damage?
A defendant accused of criminal damage would have ‘lawful excuse’ if: damage to the property occurred in the process of defending them self from imminent attack and that they were found to have used reasonable force (i.e. satisfied the requirements of the general self‑defence excuse)
How do you prove criminal damage?
In order to prove criminal damage, one of two key aspects needs to be present: that the defendant acted intentionally or in a reckless manner. A person acts recklessly with respect to: A circumstance when they are aware of a risk that exists or will exist. A result when they are aware of a risk that it will occur.
Does criminal damage go to court?
Procedure. Simple Criminal Damage is generally triable either way meaning that, if a person is charged with the offence, their case can be heard in either the Crown Court or the Magistrates’ Court.
What’s the sentence for threats to kill?
Sentencing for the offence of threats to kill The maximum sentence following conviction in the magistrates’ court is six months’ imprisonment and/or fine.
What is a Level 5 fine?
Level 5 Offence – unlimited. (Until 12 March 2015 the maximum fine in the Magistrates’ Court was £5,000.)
Is property damage a criminal Offence?
Since Destroying or Damaging Property is a criminal offence, the burden of proof lies on the Prosecution. You destroyed or damaged property; The property belonged to another person, or the accused and another person; The destruction or damage was done maliciously, with intent or recklessness.
What are examples of property damage?
Property damage is injury to real or personal property. An example could be a chemical leak on a piece of real estate, or damage to a car from an accident. Property owners can obtain property insurance to protect against the risk of property damage.
What is serious damage to property?
What does ‘serious damage to property, or serious harm to another person or government authority’ mean? Crimes committed against property (for example, arson, blackmail, burglary, larceny, robbery, fraud, false pretences, theft, receiving stolen property);
What is Wilful damage to property?
Wilful Damage is defined under Section 469 of the Queensland Criminal Code as the wilful and unlawful destruction or damage of property without the consent of the owner. The damage does not have to be permanent or long-lasting, and may include marking, defacing, removing or altering the property.
Is Wilful damage a misdemeanor?
(1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable, if no other punishment is provided, to imprisonment for 5 years.
Is malicious damage a violent crime?
Malicious damage of property offences are some of the most commonly reported crimes in New South Wales. Considered the intentional destruction or defacement of public or private property, the main offence is a crime under section 195(a) of the Crimes Act 1900 (NSW). The damage was caused intentionally or recklessly.