Criminal Damage - Offenses Against Personal and Public Property

FREE Sample Criminal Records Search!

Want a FREE Sample Search From Our Top Rated Site?

First Name: *		Last Name: *
Middle Name:		City:
Country:		State: *
* Required fields

* We will NEVER rent, trade or release your information to any third party for any reason - ever.

What is criminal damage? It is an offense against property but how it is quantified? Basically, one is convicted of this crime if it is proved that the wrongdoing was done with malicious intent.

Criminal damage is used interchangeably with property damage. It refers to crime which causes harm and damage to personal or public property. While property damage can occur through natural phenomena, it becomes criminal damage when an individual or group does it through neglect or with malicious intent.

Types of Criminal Damage

Criminal damage to a dwelling means destroying the home of another person, but this could also have racial or religious overtones and can be considered as an act of intolerance towards other races and minorities. In this vein, the damage can also be done to any other building or structure as well as to vehicles. In some cases, the criminal damage could be accompanied by theft, where some of the possessions are stolen before the rest of the place is destroyed. If there are any people who stand in the way of completing the criminal damage, then violence could also erupt.

One form of criminal damage is arson, wherein you deliberately set fire to personal property usually for the purpose of collecting insurance money. Arson can be difficult to prove since those who commit this type of criminal damage often go to great lengths to make it appear to be an accidental fire instead of an intentional one.

Criminal Damage - The Sanctions

In some cases, criminal damage may also be accompanied by the motivations of a particular movement or interest group. To make a strong and direct statement about their cause, they may wreak criminal damage in certain vicinities. This is a tactic that has been employed by the labor movement, environmental interest groups, and anti-globalization movements. Even with a morally correct message, the method of relaying it through criminal damage could still bring about legal prosecution, heavy fines and in some cases, imprisonment. If there is an element of intimidation particularly those directed towards the government and the rest of society, then it could very well fall under the heading of terrorism.

If you are accused of criminal damage, the critical element is differentiating between an act that is intentional or simply negligent. You need to be able to prove that it was through a plain oversight that there was damage to the property and that there was no premeditation to commit the crime. This is what is called establishing a lawful excuse, one that the court will accept instead of charging you for the crime of criminal damage. If you make threats that you will commit an act of criminal damage, you may also be declared guilty of an offense, especially if the criminal damage may endanger the life of another human being. Similarly, it may also be considered an offense if you possess any items that could cause criminal damage, especially if you do not hold the rightful permits to own them