Domestic disputes happen with anyone who lives together. Sometimes they can be minor disagreements with calm resolutions, whereas other times, tempers can flare. Some redirect this anger onto objects and belongings rather than any individual.
While this may be less serious, the likes of damaging furniture or smashing phones can still be criminal. If you’re facing a domestic criminal mischief charge, it’s important to know where this line is and what the consequences of property damage can be.
What Is Criminal Mischief Under Canadian Law?
Criminal mischief can be mainly centered around property damage, but it’s more nuanced than that. Criminal mischief also occurs if you:
- Render property dangerous, useless, inoperative, or ineffective
- Obstruct, interrupt, or interfere with the lawful use, enjoyment, or operation of property
Therefore, you don’t have to damage property to receive a criminal mischief charge. Criminal mischief is a hybrid offence. This means the court can either decide to proceed summarily or by indictment, depending on the severity of the damage and circumstances.
Related Article: https://www.agpllp.ca/what-is-a-criminal-mischief-charge/
Why Domestic Criminal Mischief Disputes Frequently Lead to Charges
Domestic disputes can be a common scenario for mischief charges. This is because any redirected anger is often targeted at the things around you. In a domestic setting, that is likely to be other people’s property.
Common examples include:
- Smashing a partner’s phone
- Breaking doors, windows, or furniture
- Punching holes in walls
- Blocking a driveway so someone can’t leave
- Taking the keys to a vehicle
- Deleting personal digital files
- Changing passwords
- Turning off utilities
The law will focus on the act and not the emotional state behind it. In all these situations, the seriousness of the offence will depend on a complete view of the circumstances. For example, turning off the heating in the dead of winter would be more serious than if it happened in the summer.
Once police respond to a domestic disturbance, they will assess the damage while also prioritizing risk prevention and safety. It’s important to know that once charges are laid, the decision to proceed solely rests with the Crown, even if the alleged victim is reluctant or changes their mind.
Penalties for Criminal Mischief in Canada
The potential penalty for criminal mischief can largely depend on the value of the damage, but the court can take into account other factors. For anything under $5,000, the penalties can include fines, probation, and restitution orders. Two years (less a day) in jail can also be applied, but it’s important to know this is the maximum and not a typical conviction.
Cases over $5,000 can be prosecuted by indictment, and penalties will be more severe. Here, the same applies as above, but imprisonment of up to 10 years is possible. With any type of conviction, you will also receive a criminal record.
It’s also important to know that it’s easy to escalate criminal mischief charges. No-contact or no-attendance orders can be given, along with bail conditions that can limit access to children, property, or communication.
These orders can be incredibly frustrating, but breaking them will lead to additional charges. Any communication or actions you feel you need to take need to be done through the right legal channels, which starts with contacting your lawyer.
Why Early Legal Advice Matters
There are a few common defences for criminal mischief, and it’s important to contact an experienced legal team as soon as possible. These include a lack of intent, identity issues, consent, disputing the cause of the damage, and charter violations.
Your lawyer will not only analyze the incident but also how the investigation was conducted. Domestic disputes can be emotionally charged, and it can be tempting to try to defend yourself to the police, on social media, and to anyone who will listen. This is a big mistake.
Getting early legal advice will immediately help you to avoid key mistakes. They will also help to gain favorable bail conditions as well as protect your rights during those early police interactions.
Your lawyer can also explore resolution options. This is where the accused commits to the likes of alternative measures to avoid a conviction. Typical conditions here can include paying repair costs, apologizing, attending counselling, and completing community services.
Especially for minor charges, the Crown prosecution can agree to resolution options to avoid going through the courts. Your lawyer will explain all the options available and the possibility of avoiding a conviction, even if you are guilty.
Related Article: https://www.agpllp.ca/what-does-bail-hearing-show-cause-mean/
Frequently Asked Questions
Can I cause criminal mischief in my own home?
Yes, even if you own it. In this setting, you can still interfere with another person’s lawful use or enjoyment of property. You can also still damage their things. Ownership alone will not determine whether mischief has occurred.
Can I be charged with criminal mischief if nothing was actually damaged?
Property damage is not required for a criminal mischief charge. Obstructing, interfering, or interrupting property can all still be counted as criminal mischief.
Is criminal mischief a serious offence in Canada or just a minor charge?
It depends on the damage caused and the circumstances of the offence. If it’s significant, the court may decide to proceed with the case by indictment, which brings the potential of more serious sentences. Even low-level charges can have a significant impact on your life.
Will a criminal mischief charge give me a criminal record?
If you are convicted, yes. This can affect your employment, travel, and immigration status in the same way as any other criminal charge. Your lawyer may be able to look at alternative resolutions to avoid a conviction, if possible.
When does minor property damage become a criminal mischief charge?
There is no threshold. Technically, a small scratch can be counted as criminal mischief. In reality, the police will use their discretion when viewing the impact and circumstances. If it does get passed to a prosecutor, they will consider the prospect of a conviction and whether proceeding is in the public interest. If the damage is trivial with no ongoing safety concerns, a charge is unlikely.
Final Thoughts
The act of criminal mischief shows how quickly a domestic dispute can become a criminal charge. When it does, it’s important for anyone facing a potential trial to take the right steps and contact a legal professional as soon as possible.
They will work with you to try to avoid many of the lasting consequences that can come from a domestic criminal mischief conviction. If you need legal assistance, contact AGP LLP today. We’ll be happy to take your call and detail how we can assist with your case.
