=The word “mischief” may not sound like much of a fearful word. However, the crime of criminal mischief is one that can have severe consequences. At its most severe, it can result in imprisonment and a criminal record.
Here we’ll explain exactly what a criminal mischief charge is. Along with this, we’ll look at the likely punishments, how it can affect your life, but also the defences for criminal mischief. Let’s take a look.
What Is a Criminal Mischief Charge?
Mischief is seen as wilful destruction, damage, or interference with someone else’s property. The term property includes physical assets, such as a car or building, but it can extend beyond this. It can also mean digital property (such as data) as well as intangible acts (such as disrupting the use of property).
The most obvious examples include breaking a window or vandalizing a car. Also included are acts such as deleting computer files, tampering with utility services, or blocking someone’s car so they aren’t able to use it.
Key Elements of a Criminal Mischief Charge
To secure a conviction beyond a reasonable doubt, a few key elements need to be met. As we mentioned, the accused must either damage, destroy, or interfere with property. That property must also belong to another person or entity.
Importantly, there must also be intent. Accidentally damaging property doesn’t count as mischief. Reckless disregard can sometimes be taken into account, but for most cases, the accused must have willfully tampered with the property.
Types of Mischief Charges
Not all mischief charges are treated equally under the law. How seriously the case is taken can be dependent on the value of the damage involved, and the type of property
Mischief Under $5,000 – This is less serious and will almost certainly be treated as a summary conviction. Here, there is a maximum prison sentence of up to two years. More likely, a lesser sentence will be given, such as fines, probation, and community service.
Mischief Over $5,000 – These are usually treated as indictable cases. Here, significant damage would be committed. Prison sentences are much more likely here, with a maximum jail time of up to 10 years. Along with a criminal record, it will have a long-term impact.
Mischief Endangering Life – This is when the mischief created a danger to human life, such as tampering with medical equipment. No death is required, but it needs the knowledge that their actions may have endangered life. Here, the maximum sentence is life imprisonment.
Mischief Involving Religious, Educational, or Cultural Property – These crimes can be treated more seriously due to their social impact. Due to this, imprisonment of 10 years is possible. As with all these crimes, the actual prison time is usually significantly less than the maximum.
Mischief Relating to Data or Computer Systems – Digital crimes are increasingly charged under cybercrime laws, but it can still be seen as mischief. This usually involves the destruction or interference with electronic data, and can lead to 10 years in prison.
Related Article: https://www.agpllp.ca/the-different-types-of-criminal-charges-in-ottawa/
How a Mischief Charge Can Affect Your Life
A mischief charge can affect your life in multiple ways. The first is how you will get a criminal record. This can affect your future employment, as it can be shown when any employer wants to run a background check. Added to this, it can also affect education and volunteer opportunities.
Travel restrictions would also apply. The United States may deny entry to people with criminal records, and all other countries will have their own policies that may prevent travel. Insurance rates may also go up.
An underappreciated part of a criminal charge is how it affects your personal life and reputation. It can impact your current employment, but also strain personal relationships. Even if you don’t feel like the punishment would be severe, this is why it’s important to fight the charge.
Defences to a Mischief Charge
Once arrested, it’s important to contact an experienced lawyer right away. If you have been charged and have yet to speak with a lawyer, then do so as soon as possible. They will work with you to see what the best possible defences for your case are.
The most obvious starting point is intent. It’s up to the prosecution to prove beyond a reasonable doubt that you willfully damaged the property. This can be hard to prove. The defence can argue that the act was accidental or lacked the required intent.
Another defence can be mistaken identity when you are wrongly identified as a perpetrator. This can be due to an unreliable witness or grainy camera footage. A rarer defence for mischief is if your Charter rights were violated, such as with an unlawful search.
Finally, you may argue that the property was your own. An example here could be that you broke something you borrowed from someone else, but it still belonged to you. Once they know the situation, your lawyer will work to find the strongest argument for a positive outcome.
Related Article: https://www.agpllp.ca/what-is-the-cost-of-a-criminal-lawyer-in-ottawa/
Final Thoughts
Criminal mischief may not sound like the most serious of crimes in Canada. In reality, the worst cases carry a maximum sentence of life imprisonment. Even minor cases can have an impact on both your personal and professional life.
If you or someone you know is facing a criminal mischief charge, it’s important to speak to an experienced criminal defence lawyer right away. Here at AGP LLP, contact us today, and we’ll be happy to offer you a free consultation to see how we can help.
