Mischief
Being charged with the criminal offense of mischief can have serious, life altering consequences. If convicted, you will have tremendous difficulty in finding employment with a criminal record. It can leave you to feel embarrassed and humiliated amongst your friends and family.
You will find it traumatic and stressful when travelling outside Canada. It is important to speak to an experienced criminal lawyer and discuss how to defend these charges.
Whether a person is charged with Mischief over/under Five Thousand Dollars or under Mischief depends on the value of the property damaged not the amount of the damage. It is a misconception to think that the criminal offense of mischief does not carry jail time as the offence is hybrid and the Crown Prosecution can elect to proceed indictable.
You cannot commit the criminal offense of mischief by damaging property that you own yourself. If, however the property is jointly owned and you damage it, you could be charged with mischief. Being charged with the criminal offence of mischief can have a devastating impact on your life, employment and future, and immigration status here in Canada.
It is possible that you did not intentionally damage someone’s property, maybe you are renting accommodation and you didn’t know the property was damaged. There is a possibility that there could be an identity issue, and you were in the wrong place at the wrong time.
It is imperative that you speak to an experienced criminal lawyer who can try to have these charges withdrawn or reduced depending on the facts and circumstances of your case.
Damage to the doors, or walls, broken cell phones, etc. are subject matter for many mischief charges. One should note, that you are permitted to destroy or damage your own property. This charge requires an intent to damage property, accidental damage does not support this charge.
How can we help you defend mischief charges?
We at Juzkiw Law aim to analyze your disclosure and review the evidence against you. It is crucial to find weaknesses inconsistencies and in the evidence. This offence requires an absolute certainty and this is difficult to prove depending on the facts and circumstances of the case. The Crown Prosecution has to prove beyond reasonable doubt that you committed the criminal offense of mischief. This standard of beyond reasonable doubt is extremely difficult to prove in mischief cases. It is very difficult for the Crown to prove intent in accordance with the facts and circumstances of the case.
The circumstances of the case may raise the issue of intent and willful damage to property. We consider all possible factors in order to build a strong defense. May there was some damage to your property at home, and the police were called. If this was your property, we will endeavor to get the charges withdrawn. In order to be convicted of mischief, intent is required to be proved and if there is a mistaken belief as to the ownership of the property we strive to build that as a strong defense.
We gather and collect all evidence including photographs, video footage, text message exchanges and witness statements that enable us to build the best possible defense in your favor.
We have experience in negotiating a possible resolution with the Crown Prosecutor at the outset. We strive to see that you get the best possible outcome, whether that be a Peace Bond, Absolute or Conditional Discharge or Diversion to have the charges outright withdrawn. The Crown Prosecution may require that restitution be made in order to have the charges withdrawn. An example of diversion is community service or counselling in order to have your charges withdrawn.
Depending on the facts and circumstances of the case we may able to resolve the charges by negotiating diversion of the mischief charges. We assist you in completing the upfront work and counselling so that you can avoid a criminal record and have your criminal charges diverted.
We have the experience, skills and knowledge to take your criminal matter to trial. We use are cross-examination and court room skills to challenge the evidence against you and win at trial. We identify the weaknesses and inconsistencies in the evidence against you and prepare the best possible defense.
It takes nothing to call us at (416) 290-5055 for a free confidential consultation if you have been charged with mischief.
Penalty for Mischief
Everyone who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Everyone who commits mischief in relation to property, that’s less than five thousand dollars.
- Is guilty of an indicatable offence and liable to imprisonment for a term not exceeding two years; or
- Is guilty of an offence punishable on summary conviction
If you are ever charged with Mischief over $5000.00 – you should speak with a Criminal Lawyer at Juzk