Accredited Criminal Lawyers Melbourne
Criminal Damage Endanger Life
This is a more serious crimimal damage charge and convictions usually result in severe sentences. To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
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Elements of the offence
A charge of criminal damage endanger life contains the following elements to be proven to be successful:
1. The accused intentionally or recklessly destroyed or damaged property;
2. The damage was likely to endanger the life of another person;
3. The accused knew or was reckless as to whether the damage would endanger life; and
4. The accused intended to destroy or damage the property or was reckless as to whether the property would be destroyed or damaged.
Will I have to go to court?
Criminal damage endanger life charges are heard in the County Court and are treated as serious indictable offences.
Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.
Maximum Penalty
The maximum penalty for criminal damage endanger life is 15 years imprisonment.
What sentences are usually given?
Sentencing for criminal damage endanger life is severe, with courts imposing substantial prison sentences. Factors considered include whether anyone was injured, the extent of danger created, and any prior criminal history..
Defence strategies
Lack of Danger to Life
Challenge whether the damage was likely to endanger the life of another person
Lack of Intent or Recklessness
Challenge whether you intended to create danger or were reckless as to whether danger would be created
Accidental Damage
Establish that the damage was caused accidentally and not by your actions
Expert Evidence
Use expert witnesses to challenge the prosecution's case
Why Choose Emma Turnbull Lawyers?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
Are You Facing Serious Criminal Charges?
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