That exact same argument would hold true for drug dealers, mob enforcers, and a whole variety of people that do bad things. Sure, the mob boss is a bad guy for having the enforcer break someone's shop up; but the enforcer is _also_ a bad guy for doing it.
If the mob boss holds leverage over the enforcer (first a debt with threat of violence, and later evidence of the enforcer's crimes) then the enforcer might not be such a bad person. This is a big reason that lower level criminals are offered witness protection in exchange for information
Taking actions that you know put someone else's personal property at risk _is_ malice. It's less malice than actively breaking it, but it is actively making a choice to put something that belongs to someone else in harm's way.
No, it's not. Neither is minor speeding, for example. It's a lack of care and awareness about the consequences of one's actions - hardly a desire for those consequences. You say "active" and the whole point is that it isn't.
