If you are facing mischief charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Mischief is intentionally damaging, destroying, or getting in the way of someone else’s property, a type of property crime. It is separated into two offences based on the cost of alleged damage: over $5,000 and under $5,000.
Mischief can be committed in several ways, from the destruction of property to the obstruction of its lawful use. It could mean things like breaking windows, spray-painting graffiti, damaging cars, or messing with computers. There is also a separate offence of public mischief involving false reports to police—learn more here.
Mischief is a hybrid crime, which means that the Crown prosecutor can treat it as either summary or indictable, depending on how bad the situation is. If you are unsure what summary vs. indictable means for your case, see our criminal court process in Toronto overview.
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 Toronto, 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 us today by calling (647) 986-8077 or contact us online.
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 have to be home by a certain time.
How can a mischief lawyer in Toronto help?
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.
As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used, including:
- Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
- Gathering evidence from witnesses that support your version of events;
- Identifying mistakes in the actions of the police, such as Charter breaches;
- Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
- Finding weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence.
Mischief Charges in the Criminal Code of Canada
According to section 430 of the Criminal Code:
Mischief
430 (1) 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.
Examples of Mischief Charges
In Toronto, you can be charged with mischief for situations like:
- After getting fired, a man spray painted mean comments on a business’ windows. The man was charged with mischief under $5,000 because he damaged someone else’s property on purpose.
- A woman rear ended a vehicle on purpose during a road rage incident. It cost $1,800 to fix the damage. She was charged with mischief that cost less than $5,000.
- A man got mad after losing in a game of poker and slashed the card dealer’s tires afterward. 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 cases of simple mischief charges, the likelihood of going to jail if convicted is relatively low. For a broader overview of criminal sentencing in Toronto, see our guide.
However, the risk of jail time increases dramatically where:
- The mischief was directed at specified locations, such as a place of worship, educational institution, war memorial, or community centre;
- It involved a specific type of property such as computer data or testamentary instrument;
- It caused actual danger to life;
- It was a “hate crime;”
- The value of damage is over $5,000; or
- There are prior convictions.
If any of these factors are present in your case, the Crown will almost always seek a jail sentence. Because the penalty for mischief depends on the value of the property, there is a wide array of potential sentences if you are found guilty. The penalties can range anywhere from a discharge (i.e. a finding of guilt, but no criminal conviction), to a fine and/or probation, to a period of jail time. If jail is a concern, our jail sentence lawyers in Toronto explain what to expect.
The Criminal Code of Canada outlines the maximum allowable punishment for mischief:
- For property valued over $5,000 or to a specified type of property: Not more than 10 years of jail time.
- For property valued under $5,000: Not more than 2 years of jail time.
The potential sentences available to you will depend on a variety of factors, including the extent of damage to or interference with property, the relationship between you and any alleged victim, your criminal history, and other applicable personal factors.
In addition to the penalties above, a conviction for mischief, even of a small degree, can have wide-ranging negative consequences on your future:
- Mischief may affect your reputation in the community or with social groups; and
- Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property
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.
Mischief Charge Defences
Here are some possible defences you could use to fight a charge of mischief:
- Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, damaging or interfering with the property, or other basic elements of the offence. This could include:
- No mental intent: A common defence available in mischief cases is that you did not intend to damage or interfere with the property. A basic example would be if you accidently spilled paint on a neighbour’s driveway.
- You owned the property: If the property is legally yours, you cannot be convicted of damaging or interfering with it, unless you were engaging in fraud. Therefore, if you are able to establish that you had a proprietary or possessory interest in the property, you may be able to defend yourself against the charges. Documents proving ownership of the property will likely be of significant assistance in raising this defence.
- Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
- “Colour of Right”: This defence may arise when you honestly believed you had a lawful right to property, when in reality you did not. For example, if you honestly, but mistakenly believed that you purchased a home and began to renovate, even though the sale did not go through. In order to raise this defence, you will need to establish a factual basis to show that you honestly and reasonably believed in this particular state of affairs.
Mischief Charge Investigations
An investigation of an alleged mischief charge in Toronto is typically started by the alleged victim (or relative or witness). They contact the Toronto Police and report it.
Toronto Police take property crimes very seriously and mischief is no exception. The police will typically engage in a thorough investigation to find sufficient evidence to charge. This may include interviewing all witnesses, reviewing any video surveillance, seizing any evidence involved, photographing the scene, and obtaining receipts for damaged property.
They’ll find out how much the damaged property is worth to see if the mischief is worth more or less than $5,000. 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.
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. Learn more about Toronto bail hearings.
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.
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.
If you break any of your bail conditions, you could be charged with a new crime and sent back to jail.
