VANDALISM & PROPERTY CRIME CHARGES

When you are facing criminal charges for vandalism and property crime, what do you need to know? Criminal vandalism can come with heavy sentencing depending on the severity of the crime, so it’s essential to retain an experienced Calgary criminal defence lawyer to fight your charges.

vandalism In the Criminal Code 

Vandalism and destruction of property are considered criminal mischief under section 430 in the the Criminal Code. The Criminal Code defines it as anyone who knowingly destroys or damages property and renders property ineffective, useless, dangerous, or inoperable.

It is further defined as someone who obstructs or interferes with the lawful use of property and obstructs or interferes with any person who is lawfully using the property.

Criminal Charges For Vandalism & Property Destruction

If vandalism causes actual danger to life, an individual is guilty of an indictable offence and could be liable to imprisonment for life. For example, suppose vandalism and property destruction causes damage that exceeds $5,000. In that case, they could be liable for a sentence not exceeding 10 years or an offence punishable by summary conviction.

vandalism Concerning Religious & Educational Institutions 

If you are facing charges for committing vandalism and property destruction in relation to a religious or educational institution that is motivated by bias or prejudice, you could be facing a sentence of up to 10 years or an offence punishable on summary conviction. For example, if you were causing vandalism and defacing, causing property damage or otherwise vandalizing a church, you could be facing a lengthy sentence.

vandalism In Relation To Cultural Property

Individuals who commit vandalism in relation to cultural property could be found guilty of an indictable offence and liable to imprisonment for a maximum term of 10 years, if the prosecutor elects to proceed by indictment. If the prosecutor proceeds on a summary conviction election then the penalty is much less severe.

Cultural property is defined in the Cultural Property Export and Import Act as:

• Movable Or Immovable Property That Has Great Importance To The Cultural Heritage Of Every People (Art, Manuscripts, Books, Buildings, Reproductions Of These Properties, Etc.)
• Buildings That Exist To Exhibit & Preserve Movable Cultural Property (Museums, Libraries, Etc.)
• Centres Containing Monuments

vandalism With War Memorials

Any individual who commits vandalism concerning property that serves as a monument to honour individuals killed due to war is guilty of an indictable offence with a maximum sentence of 10 years or an offence punishable on summary conviction with a maximum sentence of two years.

Regardless of whether or not the offence is prosecuted by indictment or punishable on summary conviction, there will be a minimum punishment involved. For first offences, the fine will not be less than $1,000. If it’s a second offence, you’ll be facing imprisonment for at least 14 days. Every subsequent offence after will require imprisonment of at least 30 days.

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