Mischief Charges

In Canada, mischief is a criminal offense defined under the Criminal Code. Mischief charges can apply when an individual willfully destroys or damages property, interferes with its lawful use, or obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of property. The severity of the charge can depend on the extent of the damage or interference. Here are some key aspects of 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.

If you or someone you know is facing mischief charges, seeking legal advice from a qualified criminal defense lawyer is crucial to understand the specific implications and potential defenses applicable to the case.