Property Offence Lawyers Sydney

Defending Property Offences in NSW

Property offences encompass a wide range of criminal charges in New South Wales, from minor graffiti and vandalism to highly serious break and enter offences. Whether the damage occurred during a momentary lapse of judgment, a domestic dispute, or a misunderstanding regarding ownership, the legal consequences can be severe.

A conviction can result in a criminal record and may affect employment, travel, professional licensing, visa applications and other aspects of your life. Courts also frequently order offenders to pay substantial compensation for the damage caused.

At NS Criminal Lawyers & Associates, our Sydney property offence lawyers provide carefully prepared, strategic defence representation. We understand the nuances of the Crimes Act 1900 (NSW) and are dedicated to protecting your rights and achieving the best possible outcome.

Destroying or Damaging Property (Section 195)

It is also an offence under Section 195 of the Crimes Act 1900 to intentionally or recklessly destroy or damage property belonging to another person - commonly still called "malicious damage." This carries a maximum penalty of 5 years imprisonment, increasing for aggravated circumstances such as damage by fire or explosives. See our dedicated Malicious Damage Lawyers Sydney page for the full penalty breakdown, defences, and court process for this offence.

Other Common Property Offences

Break and Enter (Section 112)

Under Section 112 of the Crimes Act 1900, it is an offence to break and enter any dwelling-house or other building and commit a serious indictable offence (such as stealing or assault). "Breaking" does not necessarily mean smashing a window; simply opening a closed but unlocked door can constitute a break. The maximum penalty is 14 years imprisonment, increasing to 20 years for aggravated circumstances.

Receiving Stolen Goods (Section 527A)

It is an offence to receive, dispose of, or attempt to dispose of stolen property. The prosecution must prove that the property was stolen and that you knew or believed it was stolen at the time you received it.

Graffiti Offences

Governed by the Graffiti Control Act 2008 (NSW), intentionally marking premises or property without the owner's consent is a criminal offence. Penalties include fines, community service, and in some cases, imprisonment. In practice, police often rely on the value of a spray can or marker found in your possession as circumstantial evidence, so how that item came to be with you is worth addressing early.

Defences to Property Offences

Our experienced lawyers will thoroughly analyze the brief of evidence to identify weaknesses in the prosecution's case. Common defences include:

Possible Outcomes and How We Can Help

If you plead guilty or are found guilty, there are several potential outcomes. For less serious offences, particularly where the damage has been repaired or compensated, our lawyers can often successfully argue for a non-conviction outcome (such as a Section 10 dismissal or a Conditional Release Order without conviction).

If the offence was linked to a mental health condition, we may apply for a diversionary order under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, which results in the charges being dismissed upon compliance with a treatment plan.