Property Damage Lawyers in Geelong

If you have been charged with criminal damage, wilful damage or arson, then you should seek representation by specialists in criminal defence.

Navigating Property Damage charges with Geelong Lawyers

You may be charged with criminal damage, also known as property damage, if the police allege the following has occurred:

You have damaged or altered property that does not belong to you, such as personal items belonging to a family member
You have damaged a building or part of a building, such as punching holes in the wall or causing damage by fire
You have destroyed public property or property that belongs to the Government

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Where will my case be heard?

The majority of criminal damage cases will be heard by the Magistrates’ Court, however if the value of the damage caused is in excess of $100,000, the matter will be heard in a higher Court, such as the County Court.

The case will be heard in the appropriate Court located closest to the scene of alleged offending. This is known in law as the ‘proper venue’. For example, offending in the Geelong region will generally be heard in either the Geelong Magistrates’ Court or Geelong County Court.

If the police file the charges whilst you are under the age of 18, the matter will be heard by the Children’s Court.

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FAQs

What are the penalties?

The maximum penalty for both criminal damage and wilful damage can include a term of imprisonment. For example, the maximum penalty for criminal damage under the Crimes Act 1958 is 10 years imprisonment. The specific penalty will depend on many factors including your personal circumstances, the extent of damage and the circumstances of offending.

The Court imposing the penalty may also order that you pay compensation to the victim, which is determined by the value of damaged property.

Are there any defences available?

You may be able to rely on a Defence if you are charged with criminal damage. This can include:

You did not intend to damage property or that damage was caused by accident
You owned the property damaged
You did not cause the damage
There was no real damage caused