Mischief Charges
Primary Ground: Flight Risk
Mischief Under $5,000 :
This charge applies when the value of the damage caused is less than $5,000.
Mischief Over $5,000 :
This charge is used when the value of the damage exceeds $5,000. The potential penalties are typically more severe for this category.
Mischief Endangering Life :
If the mischief endangers the life of another person, this is a more serious offense with potentially harsher consequences.
Willful Conduct
Mischief charges require the element of intent or willfulness. This means that the accused person knowingly and deliberately committed the act that caused damage or interference.
Property Damage
The term “property” in the context of mischief charges can include a wide range of things, such as buildings, vehicles, personal belongings, or public infrastructure.
Interference with Lawful Use
Mischief charges can also be applied when an individual obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of property.
Penalties
The penalties for mischief convictions vary depending on the severity of the offense. For mischief under $5,000, it is considered a summary conviction offense, with potential penalties including fines and/or imprisonment for up to two years. Mischief over $5,000 can be prosecuted as an indictable offense, with more severe penalties.
Defenses
Defenses to mischief charges may include lack of intent, mistake of fact, or a lawful excuse for the actions that caused the damage or interference.