Offence against property
Criminal damage defence lawyer
Arts. 263-267 Criminal Code
The offence of criminal damage punishes the destruction or spoiling of another's property, and how it is processed — as a minor or a less serious offence — depends mainly on the value of the loss and on whether aggravating factors such as the use of incendiary means or damage to public property are present.
The dispute usually centres on two points: the precise quantification of the damage, which determines the applicable classification, and proof of authorship where the facts are not admitted.
Behind the exact value of the damage is something very practical: who pays for the repair, and whether the case is resolved as a minor offence or something with heavier consequences.
Scope of work
- Defence of the suspect and challenging the expert valuation of the damage
- Private prosecution and claims for financial compensation
- Drawing the line between a minor and a less serious offence based on the value involved
- Negotiating a plea agreement with compensation for the damage
When to call
- You have been reported for causing damage and disagree with the valuation
- Your property has been damaged and you wish to claim compensation
- You have been summoned to a minor-offence trial for criminal damage
Frequently asked questions
How is the value of the damage assessed?
Usually through an expert report or a repair estimate, which the defence can challenge with its own evidence if it considers the initial valuation excessive or incorrect.
Does repairing the damage avoid a conviction?
It does not avoid one on its own, but repairing the damage before trial is usually treated as a mitigating factor and makes it easier to reach a more favourable plea agreement.
What if the damage was caused negligently?
The offence of criminal damage generally requires intent; purely negligent damage usually falls outside criminal proceedings and is pursued through a civil claim instead, save for specific cases provided for by law.