The language in law is viewed to be very important. At a certain point, it becomes difficult to decipher due to some of the legal terms being perceived differently by a layman. However, for an attorney, the terms may carry various connotations within the legal context. So, when people come across the term “criminal damage”, many will assume it to be damage to a property. Even when all damages to property are pictured to be a “crime”, but under Australian law, criminal damage is an offense.
Criminal damage is a type of offence where an individual intentionally damages or causes harm to another person’s property with no lawful excuse. All territories and states in Australia have the law under their respective legislative instruments. For Western Australia, criminal damage falls under Section: 444. The word “unlawful” is defined under the criminal code as an act where an injury is caused without the person’s consent to their property.
Experts have predicted that during 2017-2018, around 5.1% of the household faced property damages in Australia. However, the overall property crimes estimated to 11%, which is about 1 milion of the Australian households. To solve issues related to criminal damage, the criminal lawyers Perth becomes the people for all property owners, where they will be granted justice through law.
Steps you need to take when your property is intentionally damaged:
Destroying or damaging an individuals’ property is pictured as a serious offence and the owner has the full right to take legal action against the accuser. However, you need to take the right steps when you have involved the law. Given below are some of the steps you need to follow. They are:
- You need to first identify what type of criminal damage did your property received. This is because numerous types of damages are done to cause intentional harm to your property. Some of them are breaking your letterbox, criminal mischief, criminal tampering, littering, damaging of doors and windows. Different criminal damages have different punishments. That is why providing the right information on the type of damage your property received is very important.
- Once you have fallen victim under the criminal damage, you need to collect all the information related to the damage. This will help in acting as strong evidence against your opposition to prove him/her guilty. The evidence that you will provide, make sure they are accurate and true. Do not provide information or prove that stands out to be irrelevant, otherwise, things might not look good on your side.
- To sue the person who damaged your property, you will need the help of the best criminal lawyers near me in Perth. They will be in charge of helping you prepare and sue. They will take care of the documentation, the adding and subtracting of information, and create a case that is guaranteed to deliver a positive outcome.
- When you want a compensation for the unlawful or malicious damage your property receives, you are required to lodge a notice to receive criminal damage compensation. You can either get it done by using a form or take the help of your attorney to get it done for you. They will attach the compensation form with the lawsuit itself, during -the time of trial. You must submit the notice of compensation within 7-10 days of the property being damaged and the court will decide on how much you will be compensated.
What is the maximum penalty for criminal damage in Western Australia?
As the rules and regulation of the law in Western Australia, the matter is heard at the district court, and the accused individuals receive 10-year jail time. However, if the damage is caused by fire, then it increases the penalty to 14 years. On the other hand, if the destruction is caused because of racial aggravation the penalty is also 14 years of jail time.
At certain occasions, where the damage is caused both by fire and racial aggravation, then the penalty is increased to 20 years. Properties that have received damage, which stands at a value less than $25,000 and the matter is dealt at the Magistrates Court. The same thing applied to the damage when it is not caused by fire as well. The maximum penalty is $36,000 fine and a 3 year of imprisonment.
How criminal attorneys can help when your property receives intentional harm?
The criminal lawyers Perth is highly qualified, skilled, knowledgeable, and talented in the area of criminal law, and will provide you with the help you need. They will be your defender, guider and helper during the time of your need. They take some time to properly educate you on the law so that you know what you are dealing with. They will gather all the evidence from you and listen to your issue well so that they can file a proper lawsuit against the person who damaged your property. The criminal lawyers near me are dedicated towards their job and will make sure that you receive justice against the opposition. Many of the criminal damage cases are handled at the Magistrate’s Court. If your lawyer finds your case to be much more serious, they have the power to request for the case to be transferred to the District Court.
The experienced and professional criminal damage lawyers from Perth will immensely take responsibility for you, when your property was intentionally damaged. They have dedicated themselves by helping and defending individuals in the area of criminal damage under the criminal law of Western Australia. They can also provide their assistance by acting as a legal counsel for hundreds of criminal trials also for sentencing hearings at the court. They are currently viewed as the best criminal defence lawyer in Perth and are aiming to help all individuals who are either are a victim of criminal damage or someone falsely accused of them.
The criminal attorneys belong to one of the leading and reputed law firms in Perth, Western Australia. They have provided justice and the best results for all their clients and they plan to help more individuals in the coming future.