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What Should I Do If I'm Accused of Property Damage in Melbourne?

Being accused of property damage can be distressing, especially when you’re unsure of your legal rights or how to respond. Whether it's intentional or accidental damage to public or private property, Victoria’s laws take these allegations seriously. This guide walks you through the crucial steps to take and how Marcellus Law can help protect your legal interests.

What Should I Do If I'm Accused of Property Damage in Melbourne?

In Victoria, "property damage" generally refers to intentionally or recklessly destroying or damaging someone else’s property. Charges can apply to:

  • Vandalism (e.g., graffiti)

  • Breaking windows or doors

  • Damaging a vehicle or fence

  • Fire-related damage (arson)

Under Section 197 of the Crimes Act 1958 (Vic), penalties can be severe, especially if the damage is valued at more than $5,000 or involved dangerous conduct.

1. Stay Calm and Do Not Admit Guilt

Whether approached by police or the alleged victim, avoid admitting fault. Anything you say may be used against you later.

2. Contact a Criminal Defence Lawyer

Legal guidance is essential. Marcellus Law specialises in defending clients accused of property offences across Melbourne.

👉  Explore our Criminal Law Services

3. Do Not Speak to Police Without Legal Advice

You have the right to remain silent. Always consult your lawyer before giving a formal statement.

How Marcellus Law Can Help

Marcellus Law provides experienced legal defence for those facing property damage charges. They will:

  • Evaluate the evidence and identify weak points in the prosecution's case

  • Represent you during police interviews and court appearances

  • Negotiate to have charges reduced or withdrawn where appropriate

  • Fight for your rights if the matter proceeds to trial

👉 About Marcellus Law

Possible Defences to Property Damage Charges

Your lawyer may be able to argue:

  • Lack of intent – The damage was accidental

  • Mistaken identity – You were wrongly accused

  • Duress or necessity – You acted under threat

  • Consent – The owner consented to the damage

  • Mental impairment – Applicable under specific circumstances

What Are the Penalties for Property Damage in Victoria?

Penalties depend on the severity and intent:

Charge TypeMaximum Penalty
Intentional damage under $5,0001–2 years imprisonment
Damage over $5,000 or using fireUp to 10 years imprisonment
Aggravated property damageMore severe penalties

In many cases, community corrections orders or fines may apply instead of jail time—especially for first-time offenders.

Frequently Asked Questions (FAQs)

Can I get a criminal record for property damage?

Yes, a conviction can lead to a permanent criminal record. However, a good lawyer may help you avoid conviction through diversion or other legal options.

Will I have to go to court?

Most property damage charges require a court appearance in the Magistrates' Court. Your lawyer can often appear on your behalf in minor cases.

What if the damage was accidental?

You may still be charged, but your intent is a major factor. If the act was clearly unintentional, your lawyer can build a strong defence.

Speak to a Melbourne Property Damage Lawyer Today

If you or someone you know has been accused of property damage, don’t leave your future to chance. Contact Marcellus Law for a confidential consultation and professional legal representation.

📞 Call now or visit 👉 https://marcelluslaw.com.au/

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