Criminal Damage

Criminal damage allegations can arise from moments of frustration, personal disputes, or misunderstandings. Whether it’s a broken window or a more serious incident involving fire, the legal consequences can be significant. Here’s what you need to know.

What is Criminal Damage?

Criminal damage refers to the unlawful destruction or damage of property belonging to another person. This offence is governed by the Criminal Damage Act 1971, which also covers offences involving arson and threats to damage property.

The core definition is simple:

A person is guilty of criminal damage if they destroy or damage property belonging to another, without lawful excuse, and either intend to cause the damage or are reckless as to whether damage would occur.

Important: Even if the damage is minor or can be repaired, a person can still be prosecuted.

Examples of Criminal Damage Include:

• Scratching a car

• Smashing a phone or window during an argument

• Graffiti on walls or public property

• Setting fire to items (which may escalate the offence to arson)

Arson

Arson is a specific form of criminal damage that involves fire. It is taken extremely seriously and can result in a custodial sentence—even if the fire did not spread or cause major harm.

How is the Offence Tried?

Criminal damage is a triable either way offence, meaning it can be heard in the Magistrates’ Court or the Crown Court, depending on the seriousness of the case.

• Low-value damage (under £5,000) is generally heard in the Magistrates’ Court.

• High-value or aggravated cases may go to the Crown Court, especially where arson or endangerment is involved.

Defences to Criminal Damage

A strong legal defence may be available in several circumstances. You may have a defence if:

• You honestly believed the owner would have consented to the damage if they had known the full facts.

• The owner explicitly consented to the damage.

• You had a lawful excuse for your actions – for example, acting to protect yourself or someone else from harm.

Even where the facts are not in dispute, presenting context and intent properly can have a major impact on how your case is handled.

Why Early Legal Advice Matters

Many people mistakenly treat criminal damage as a "minor offence," but a conviction can have lasting implications—especially where there's a history of conflict, domestic issues, or repeat allegations.

If you are invited to a police interview under caution, or if you’ve already been charged, get legal advice as early as possible. What you say in that first interview can determine how the rest of your case unfolds.

How Kelly Blake Legal Can Help?

We support clients at every stage—from police station representation to court proceedings. We pride ourselves on strategic advice that not only protects your rights but gives you clarity in the process.

You don’t have to face this alone. Let us take care of the process, so it doesn’t become your burden.