Table of Contents
What is Mischief
Mischief is a property offence that entails any form of interference with another person’s property, leading to its damage or obstruction of its intended use. For a better understanding of what the offence covers, let’s look at the Criminal Code provisions.
Section 430(1) of the Criminal Code states that:
- (1) Everyone commits mischief who wilfully:
- Destroys or damages property;
- Renders property dangerous, useless, inoperative or ineffective;
- Obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
- Obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
The definition offered by the Criminal Code is quite open to interpretation, which allows it to cover a wide range of mischievous acts that lead to property damage.
Mischief is categorized into two based on the value of the property damaged, i.e., mischief under $5,000 and mischief over $5,000. In this article, we will explore the later offence and its possible consequences.
What is Mischief Over $5,000?
The wilful damage of property valued at $5,000 or more attracts the criminal charges of mischief over $5,000. This category of mischief carries harsher consequences upon conviction, including the possibility of lengthy imprisonment.
When facing mischief over $5,000 criminal charges, it’s advisable to retain a criminal defence lawyer. They can negotiate with the Crown to get the charges alleviated or withdrawn in favour of non-criminal diversions. Contact Zamani Law to schedule a free consultation.
What Does the Prosecution Have to Prove?
For a successful conviction for mischief over $5,000, the Crown must prove beyond a reasonable doubt that:
- The property in question was damaged, rendered useless, or its value was diminished.
- You damaged or interfered with the property intentionally or were reckless to the possible risks.
- The value of the property involved is $5,000 or more
Penalties for Mischief Over $5,000
The penalties for mischief over $5,000 convictions are provided by the Criminal Code as follows:
- Indicatable offences: up to 10 years in prison
- Summary offences: up to 2 years less a day in prison and/or a $5,000 fine
- If your actions endanger life, you may face life imprisonment
The actual sentence imposed upon conviction depends on various facts, including the extent of damage or interference to the property in question, any restitution attempts, and other aggravating and mitigating factors.
Although most mischief charges, particularly first-time offences, do not result in jail time after conviction, some aggravating factors increase the chances of imprisonment. These include:
- The endangerment of human life through your actions
- Destruction of targeted property such as testamentary instruments or data
- Hate crimes
- Prior convictions
Therefore, when charged with mischief over $5,000, it’s in your best interest not to plead guilty without seeking legal advice. An experienced criminal defence lawyer will walk you through all the possible options to attain the best possible outcome. With good legal representation, sometimes you can end up with no criminal record or facing minimal restriction upon sentencing. Get in touch with Zamani Law to schedule your free consultation.
Contact a Mischief over $5,000 Lawyer in Toronto
If you or someone you love are facing mischief criminal charges, seek legal representation from an experienced criminal defence lawyer in Toronto. Even when the offence seems minor or it’s your first offence, the resulting consequences can be lifelong and damaging. Therefore, be proactive about your defence and future.
Call (647) 493-5053 for a consultation with a skilled lawyer at Zamani Law.
FAQs
What are the impacts of a mischief conviction?
A mischief conviction has the potential to affect the rest of your life in many ways. Some of its impacts include:
- Possible imprisonment
- Fines
- Loss of work
- It affects future employment opportunities
- Causes problems with immigration and citizenship application
- Travel restriction to certain countries due to a criminal record
- Probation
What are the common penalties for first-time offenders facing mischief charges?
In most cases, first-time non-violent offenders are not sentenced to jail time for mischief charges. The most common penalties for them include community sentencing, probation, fines, and non-custodial measures.
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