Facing a mischief charge in Toronto can be daunting, and you likely have a lot of questions right now. We’re here to help you through it. Strategic Criminal Defence brings the following to every case we handle:
- Experience of over 1,000 criminal cases.
- Over 120 five-star Google reviews.
- 25 years of combined criminal defence experience.
- A team led by Dylan Finlay that is available 24/7.
Speak to us before you talk to the police or the person who made the complaint.
Accused of mischief? Here’s what to do next
Here are three things you should and shouldn’t do if you’re accused of mischief in Toronto:
- Do not contact the person who made the complaint, even to apologize or explain. This can be used against you and may breach your release conditions.
- Take your own photos or notes if you can safely do so. What the property looked like and what you were actually doing often matter a lot.
- Talk to a lawyer before responding to the charge. Your lawyer may suggest paying for the damage early for a better outcome, but that depends on the facts of the case.
Following these steps before doing anything else will help protect your legal rights and your future.
Contact us for a free, no-obligation consultation.
What is mischief?
Mischief is handled under section 430 of the Criminal Code. It covers damaging property and blocking or interfering with someone’s use of property, even without any physical damage.
Typical examples include breaking windows, spray-painting graffiti, damaging cars, tampering with computer data, or obstructing property during a protest.
The property’s value and the type of mischief both affect the maximum penalty.
| TYPE OF MISCHIEF | WHAT IT MEANS | MAXIMUM PENALTY |
|---|---|---|
| Mischief under $5,000 | Damaging, or interfering with, property worth $5,000 or less. | 2 years, or summary conviction (2 years less a day) |
| Mischief over $5,000 (or involving a will) | Damaging, or interfering with, property worth more than $5,000. | 10 years, or summary conviction (2 years less a day) |
| Mischief endangering life | Mischief that puts someone's life at risk. | Life imprisonment |
| Mischief to computer data | Damaging, deleting, or interfering with data. | 10 years, or summary conviction (2 years less a day) |
| Hate-motivated mischief | Mischief targeting property connected to an identifiable group, such as a place of worship, because of bias or hate. | 10 years, or summary conviction (2 years less a day) |
Mischief is a hybrid crime. This means that the Crown prosecutor can treat it as either summary or indictable, depending on how serious they judge the situation to be. See the criminal court process in Toronto for more information.
What happens during your mischief case?
Most mischief cases start when the alleged victim or a witness reports it to Toronto police. If the police arrest a suspect and do not release them, they are usually held at the Toronto South Detention Centre or the Vanier Centre for Women in Milton.
From there, you go to a bail hearing. Bail hearings are held at the Toronto Regional Bail Centre on Finch Avenue West. We can represent you at this hearing. The likely conditions you will face while your case is ongoing include:
- No contact with the alleged victim or the property involved.
- A condition to stay away from a specific location or address.
- Limits on your movements if the mischief involved a protest or public disturbance.
Your lawyer will work to reduce the restrictions you face.
Where are mischief cases heard in Toronto?
Most mischief cases are heard at the Ontario Court of Justice on Armoury Street. Mischief over $5,000 can be charged as a more serious offence. This gives you the option of a trial by judge and jury at the Superior Court of Justice on University Avenue. Speak to your lawyer about the best option in your case.
Can a mischief charge be resolved without a criminal record?
A conviction can mean more than time in custody, restitution payments for the damage, and more. It leaves a criminal record that shows up on background checks and can affect the immigration status of non-citizens. Preventing this should be a priority.
We often work out deals with the Crown, and most cases do not go to trial. Smaller mischief cases under $5,000 are often resolved through a peace bond, especially for a first offence. Some also qualify for the Alternative Measures Program. Others can even be resolved by paying for the damage in exchange for the charge being dropped.
Cases involving places of worship, educational institutions, and war memorials, or tied to hate or bias, are treated more seriously. Repeat offences and larger dollar amounts are also harder to resolve without a criminal record.
What defences can beat a mischief charge?
Common defences for mischief include:
- Lack of intent. Mischief requires willful conduct. An accident is not mischief, even if damage occurred.
- Colour of right. If you honestly believed you had a legal right to act as you did, even if you were wrong, this can be a full defence. This comes up often in landlord-tenant, neighbour, and property line disputes.
- Mistaken identity. In cases with protests, group activity, or security footage, it is not always clear who caused the damage.
- A Charter breach. Evidence gathered in the wrong way or a statement taken improperly can lead to a reduced or dismissed charge.
Speak to your mischief lawyer about this. We usually decide on the strongest defence after reviewing the Crown’s disclosure package. This contains all the evidence against you, including security footage or witness statements.
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