If you are facing mischief charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

In Canada, mischief is a crime that means intentionally damaging, destroying, or getting in the way of someone else’s property.

This could mean things like breaking windows, spray-painting graffiti, damaging cars, or messing with computers.

Mischief is a hybrid crime, which means that the Crown prosecutor can treat it as either a summary or indictable crime, depending on how bad the situation is.

  • A mischief offence can put you in jail for up to 10 years if the damage is worth more than $5,000.
  • If the damage is less than $5,000, the crime can be treated as a summary conviction. This means that the person could go to jail for up to two years, pay a fine of up to $5,000, or both.

Some kinds of mischief receive worse punishments. 

  • For example, damaging religious property out of hate or bias can get you up to ten years in prison.
  • Damaging property that puts people’s lives in danger can get you life in prison.

The punishment will be different depending on how bad the damage was, your criminal record, and the specifics of the crime.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of mischief beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Some examples of mischief are breaking windows, cutting tires, damaging property, or tampering with computer data.
  • The Crown can charge someone with either a summary or indictable offence of mischief.
  • If you are found guilty of causing damage worth more than $5,000, you could spend up to ten years in jail.
  • If the damage is less than $5,000, the person could go to jail for up to two years and/or pay a fine of up to $5,000 if the case is proceeded with summarily.
  • Most of the time, bail conditions say you can’t go near the damaged property, talk to victims or witnesses, and sometimes be home by a certain time.
  • People who commit mischief for the first time might be able to avoid getting a criminal record if they go through diversion programs or get conditional discharges.

How Our Lawyers Help With a Mischief Charge

  • A Strategic Criminal Defence lawyer can sometimes help you avoid jail time or get a shorter sentence. Our lawyers can help you figure out if what you did really fits the legal definition of mischief and talk about possible defences before charges are filed.
  • We’ll make sure you don’t say anything to the police that could hurt your case, especially about why you were there or what you were going to do. We help you get through police interviews and tell you when to be quiet.
  • If the case is more complicated, our team might hire experts like forensic analysts to look at fingerprints, DNA, or tool marks that are supposed to link you to the damage.
  • During the court process, our lawyers will make sure that all the rules are followed. They will talk to the prosecutors about lowering the charges or offering alternative measures programs. They will also question the Crown’s evidence about your identity or intent to give you the best representation at trial.

Examples of Mischief Charges

In Calgary, you can be charged with mischief for situations like: 

  • After they fought, a man spray-painted mean things on the side of his ex-girlfriend’s car and slashed two of her tires. The damage cost $3,200. The man was charged with mischief under $5,000 because he damaged someone else’s property on purpose.
  • A man was angry with his neighbour because of a problem with the fence. One night, he drove his tractor into a part of the fence that separated their properties on purpose. It cost $1,800 to fix the damage. He was charged with mischief that cost less than $5,000.
  • A man got mad at a referee’s call during a hockey game. He went to the parking lot and broke the side mirror on the car of the referee. It cost $450 to fix. He was accused of mischief that cost less than $5,000.

Consequences of a Mischief Charge

Depending on the specifics of your case, the punishment for mischief can be very different. 

  • In Canada, the Criminal Code calls mischief a “hybrid offence.” This means that the Crown prosecutor can choose to charge someone with either a summary conviction (for less serious cases) or an indictment (for more serious cases).
  • There is no minimum jail time for mischief, unlike some other crimes.
  • For mischief under $5,000 prosecuted by summary conviction, you could face up to two years of imprisonment.
  • If prosecuted by indictment, mischief under $5,000 also carries a maximum of two years imprisonment. For mischief over $5,000, the maximum sentence increases to ten years imprisonment if prosecuted by indictment.
  • Certain types of mischief carry even heavier penalties, mischief that causes actual danger to life can result in a life sentence, while mischief to religious property motivated by hate can bring up to ten years imprisonment.

If you are found guilty of mischief, you will also have a criminal record. This can make things harder for you in the long run, like not being able to travel or find work.

You might also have to pay for the damage to the property to cover the cost of fixing it or getting a new one. This could cost thousands of dollars, depending on what was broken.

Mischief Charge Defences

Here are some possible defences you could use to fight a charge of mischief:

  • To be guilty of mischief, you must have meant to damage the property or make it harder to use. If the damage was done by accident or without your knowledge,  you could have a defence.
  • People who have a legal reason, excuse, or claim of right cannot be found guilty of mischief. You might be able to use this defence if you mistakenly thought it was your property, for example. You would need strong evidence of this property being yours and why you thought so, to be successful.
  • Sometimes, police arrest people based on vague descriptions, eyewitness accounts that aren’t very reliable, or circumstantial evidence that puts them close to the crime scene. We could question witness identifications by pointing out how bad the lighting was, how little time they had to see the suspect, or how different their descriptions were.

Mischief Charge Investigations

  • First, the police will go to the scene and take pictures, measure things, and write down everything they see in great detail.
  • They’ll find out how much the damaged property is worth to see if the crime is worth less than $5,000 or more than that.
  • People who may have seen the event will discuss it. This means the police will be talking to the owner of the property, the neighbours, and anyone else who might have seen what happened.
  • Police will look for video from traffic cameras, doorbell cameras, or buildings nearby that might have caught it. Fingerprints, footprints, tool marks, or DNA from blood or saliva may be collected as physical evidence in more serious cases.
  • When there is graffiti, the police often write down styles used and compare them to databases of known vandals
  • Before talking to a suspect, the police will make sure they know they have the right to stay silent and have a lawyer.

Bail Conditions for Mischief Charges

If you are released on bail, you will be given some conditions you have to follow until your case is over. 

  • A lot of the time, people who are charged with mischief have to stay away from the place where the damage is said to have happened while they wait for their trial. For example, if someone says you broke into a store, you might not be able to go there or get close to it.
  • If drugs or alcohol were involved in the mischief, you might not be able to use them or have to go to treatment programs. If you get caught vandalizing, you might not be able to have spray paint, markers, or other things that could be used for the same thing.
  • If you have a past criminal record, you may have to follow a curfew that says you have to be home by a certain time, usually at night. Police or probation officers may come by at random times to check that you are following the rules.
  • The court might also make you see a bail supervisor once a week or once a month.

If you break any of your bail conditions, you could be charged with a new crime and sent back to jail. You may have to stay in jail until your trial because of this.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

Yes. If you are found guilty of mischief, you will have a criminal record that could make it harder for you to get a job, travel, or move to another country. If the property that was damaged is worth a lot of money, the charge is more serious. For example, mischief that costs more than $5,000 is more severe than something that costs less than $5,000. The worst kinds of mischief offence, like putting people’s lives in danger or destroying religious buildings out of hate, can get you 10 years in prison or even life in prison in the worst cases.

Intent is a big part of accusations of mischief. The Crown has to show beyond a reasonable doubt that you acted “willfully,” which means you meant to damage property or make it harder to use. You have a strong case if the damage was really an accident. For instance, if you accidentally knocked over and broke a pricey vase in a store, that wouldn’t be considered mischief because you didn’t mean to do it. The court will, however, look at everything that happened. You could still be charged if you acted carelessly or recklessly in a way that made damage likely.

People who are charged with mischief for the first time may be able to complete diversion programs, which are also known as alternative measures. These programs let you admit what you did without having to go through a full criminal trial or get a criminal record. Most of the time, diversion is only available for crimes that don’t hurt anyone and cost less than $5,000, especially for first-time offenders. If you are found guilty of mischief, you may have to pay for the damage, do community service, write an apology letter to the victim, or go to counselling if you need it (for example, to learn how to control your anger). If you meet all the requirements, the Crown will drop the charges against you and you won’t have a criminal record.