Vandalism & Criminal Damage
Have you or a loved one been accused of vandalism and need urgent help?
The specialist legal experts at Lincoln Lawrence can help you to ensure the best possible outcome for your case. It’s crucial that you contact experienced solicitors on 020 3917 9999 as soon as possible. Your legal representative will work through all the details of your case and identify the best lines of defence. At Lincoln Lawrence we can provide 24-hour legal assistance alongside effective representation should your case be sent to court.
What is vandalism?
Vandalism covers a wide category of criminal offences, all of which are associated with intentional or reckless damage to property, structure or contents.
How is vandalism defined under UK law?
Vandalism describes destruction or criminal damage to property belonging to another individual, for example smashing the windows of someone’s car. Some criminal damage offences are still covered by the Malicious Damage Act 1861, however the Criminal Damage Act 1971 is the primary legislation for the criminal offence of vandalism or criminal damage.
Law that relates to vandalism highlights several factors that must be present for a case to be heard in court:
- The property, structure or contents must belong to someone else
- There was clear intention or reckless behaviour that lead to the defacing or damage to property, structure or contents
- Any damage that occurred was undertaken without the consent of the owner
If any of these elements are missing in a criminal act of vandalism, it may be possible for us to argue that the damage was not caused unlawfully or indeed wilfully.
It is worth noting that the law does not define the actual definition of damage caused and magistrates can only judge this on the available facts of the individual case. It is possible that the damage need not be permanent, so someone that is arrested and who urinates in their cell would normally be prosecuted for criminal damage. It is also possible to be prosecuted for criminal damage where the damage is done to property which is jointly owned by you, for example, a husband who either recklessly or intentionally damages a sofa which he owns with his wife could be prosecuted for criminal damage if the other party did not consent to that damage.
There are also likely to be many aggravating and mitigating circumstances that surround the act of vandalism, which will all affect the outcome of the case. These can include but are not exclusive to:
- Emotional circumstances where a partner’s car or property has been intentionally damaged
- Any element of recklessness that is deemed to affect defacement or damage to a property, structure or contents
What is the punishment for vandalism in the UK?
The offence of vandalism often involves youths under the age of 17 and a variety of different circumstances, meaning charges are not as straightforward as in some other cases.It is strongly advised that you seek the advice of a specialist vandalism solicitor at Lincoln Lawrence, who will represent you in the best way possible to achieve the most favourable outcome.
What are the penalties for vandalism?
Penalties for the criminal act of vandalism will depend very much on the circumstances cited, but will often seek to cover the damage caused and the cost of repairs. If any damage caused is valued at less than £5,000 a fine of £2,500 can be granted, or a sentence of three months’ imprisonment.
What is the maximum sentence for vandalism?
For damage that totals more than £5,000, the maximum penalty matches the £5,000. The prison sentence – if applicable – is a maximum term of six months. If an act of vandalism is committed by an individual who is aged under 17, the focus of sentencing changes to preventative measures, which are more likely to include on-the-spot fines or community service.
If you wish to seek advice or consultation, call our offices on 020 3917 9999, or email web@lincolnlawrence.com