Criminal Mischief Charges
This article is a brief and general overview reviewing legal information about criminal mischief charges in Toronto, Ontario. Those looking for advice on mischief charges should consult a criminal lawyer.
What is mischief?
The definition of mischief is found in the Criminal Code at section 430. Generally mischief occurs when a person does any of the following:
(a) destroys or alters 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.
What is the difference between a charge of mischief under $5,000 and mischief over $5,000?
If the value of the damaged item exceeds $5,000 dollars, the crown attorney may seek an increased punishment of up to ten years in jail. Otherwise, the charge of mischief carries a maximum penalty of two years in jail. It is important to note that most mischief convictions will not result in any jail time.
What if the damage was caused accidentally?
It is an express requirement of the Criminal Code that the person who does the act alleged to constitute the mischief act “wilfully”. An unintentional or accidental act will not meet the standard of willfully damaging property sufficient to trigger criminal consequences.
Can I be convicted of mischief for damaging my own property?
In law, a person may damage something that is wholly owned by them as long as there exists no intent to defraud. This is not considered mischief as the charge relates specifically to damage of property owned wholly or in part by someone other than the person causing the damage.
In a domestic context, a person may attract criminal liability for mischief if they have damaged property jointly owned by both spouses. However, a person who believes that he or she had the legal right to damage property as a result of a mistaken belief in sole ownership is not guilty of mischief in respect of damage to that property.
Will I have a criminal record for intentionally damaging somebody's property?
Depending on the property damaged, the circumstances of the offender and the offence alleged, it may be possibly to negotiate with the Crown to withdraw a criminal charge of mischief in exchange for reimbursing the victim for the damage caused (this is called "restitution"). Often times, paying restitution may result in a withdrawal of the criminal charge.
Even if the Crown Attorney is not willing to withdraw the charge, paying restitution will act as a significant mitigating factor at the time of sentencing before the judge.
It is important to remember that every allegation of mischief is a fact specific inquiry. Consulting a lawyer will assist you with identifying potential defences to this type of allegation. Call me at (416) 297-7200 for a free consultation about your case.
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