Mischief Lawyer Toronto – Defending Mischief Charges

Introduction

Mischief is a common type of “property crime” that occurs in society, and is a charge routinely laid by police in a variety of contexts. For example. Mischief is the second most common type of crime committed by youths (individuals under 18) in Toronto, according to Statistics Canada.

Mischief offences are less serious then violent offences, such as assaults and robberies. However, being charged with a Mischief is still a serious matter, for which you should seek the advice of a Mischief Lawyer in Toronto.

What is Mischief?

The offence of Mischief can be found under 430(1) of the Criminal Code of Canada. That section reads:

“Every one commits mischief who wilfully:

a) destroys or damages property;
b) renders property dangerous, useless, inoperative or ineffective;
c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.”

Mischief is broken down into 2 separate offences – Mischief Under $5,000 and Mischief Over $5,000. Mischief Over $5,000 is more serious, and is considered a straight indictable offence. In either case, you are at risk of a criminal conviction and therefore should consult with a Mischief Lawyer in Toronto about your matter before making decisions about it.

Punishments for Mischief

According to the Criminal Code of Canada, the maximum sentence for Mischief Over $5,000 is 10 years in jail. The maximum sentence for Mischief Under $5,000 is up to 2 years in jail and/or a $5,000 fine.

There is no minimum sentence for this offence. Accordingly, the lowest possible penalty, after being found guilty, is an Absolute Discharge, which does not trigger a criminal conviction.

Your procedural rights vary depending on whether you are charged with Mischief Under or Over $5,000. For Mischief Over $5,000, you would be entitled to a trial in the Superior Court of Justice before a Jury, unlike for Mischief Under $5,000.

Consult with a Mischief Lawyer in Toronto about your rights and options for your case.

Potential Defences to Mischief

Defending your Mischief case will vary based on the facts at hand. You may have a number of different defences you could raise, depending on the circumstances. Broadly speaking, some of these could include:

• arguing that there’s a mistaken identity, and the police charged the wrong person
• the defence of Colour of Right (see s. 429(2)) of the Code);
• arguing that the act that led to the damage was not willful (and was accidental, without any reasonable contemplation that the damage could have occurred based on your actions); and
• establishing ownership of the the damaged property.

A Mischief Lawyer in Toronto will be able to guide you on what defences to focus on, provided you have one. If you do not have a clear defence, other strategies could be used to negotiate a lesser penalty, or even to negotiate the withdrawal of your charges.

Potential Outcomes

There are a wide array of potential outcomes for your Mischief case, and the following factors would tend to dictate nature of your specific outcome:

• Whether you have a record
• Your age
• The context in which the property was damaged
• The extent of the damage caused and the loss suffered by the victim
• Whether restitution was made

The specific types of outcomes for these cases, starting from the most lenient to the most severe, are as follows:

• Withdrawal or stay of proceedings;
• Absolute Discharge
• Conditional Discharge
• Fine or Probation
• Conditional Sentence of Imprisonment
• Imprisonment

Andrew Captan – Mischief Lawyer Toronto

To learn more about defending Mischief allegations, call (647) 878-6355, e-mail andrew@captanlaw.com or visit his website HERE.

He has been defending Mischief allegations for over 13 years and fights tooth and nail for all clients, regardless of charge severity.