Mischief Under/Over 5000
Mischief Defence Lawyer Mississauga, ON
Unlike a theft charge which is focused on value of the property stolen, the concern with a mischief charge is primarily focused on the damage that has been done to the property.
Mischief is codified in section 430 of the Criminal Code and reads:
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
The punishment for the offence of mischief varies depending on the circumstances of the offence and the amount of damage. For example, in the Criminal Code, different type of mischief offences are codified if the mischief is concerned with either computer data (s.430(1.1)); causes danger to life (s.430(2)); religious property or education institutions (s.430(4.1)); war memorial (s.430(4.11)); cultural property (s.430(4.2)).
As referenced in the Criminal Code section 430(2), if the mischief is in relation to a actual danger to life, this is treated as a indictable offence and liable to imprisonment for life. Indictment proceeding is treated more severely, and the accused can elect a mode of trial whether by judge alone or judge and jury.
Whether the mischief concerns either testamentary instruments or value of which exceeds $5,000 under section 430(3) of the Criminal Code, or if the mischief is under $5,000 under section 430(4) of the Criminal Code, the offence is treated as a hybrid offence. The prosecutor can decide whether to proceed summarily or by indictment. Indictment proceeding is treated more severely, and the accused can elect a mode of trial whether by judge alone or judge and jury. It is the duty of the prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of the offence must be met in order to convict the offender. If you are charged with this offence you may have a defence available depending on the facts of the case. Your criminal defence lawyer will advise you if there are any legal defences to your alleged mischief charge which may negate the elements of the offence and advocate for you.
Do not plead guilty until you have either consulted with duty counsel or a criminal lawyer regarding your criminal case. It is also important to know that you have legal rights and equally important that they are preserved.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your free consultation. As a Criminal Lawyer in Mississauga, I will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner.
I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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