How Serious Is a Criminal Mischief Charge? Misdemeanour vs. Indictable

The word “mischief” doesn’t evoke images of serious crimes. Away from law, it’s a word often used for playful misbehaviour, especially with children. However, in the Canadian criminal code, the crime of mischief can come with severe consequences.

Exactly how severe those consequences will be depends on a wide range of circumstances. That’s why here we’ll explain everything you need to know about how serious a criminal mischief charge is.

What Is Criminal Mischief?

Criminal mischief involves the willful destruction or damage of property. It also includes interfering with the lawful use of property. The most obvious example of criminal mischief is vandalism, such as defacing public property or smashing windows.

However, it can also include more nuanced behaviour, such as tampering with utility equipment or obstructing the use of data. There doesn’t need to be any theft or violence, but it’s generally any action that interferes with property rights.

Misdemeanour vs. Indictable Offences in Canada

Firstly, it’s important to point out that misdemeanour is not a term used in Canada. Lesser offences called misdemeanours in America are called summary offences in Canada. Serious offences called felonies in America are called indictable in Canada.

There are also hybrid offences that can be tried as either, depending on their seriousness. Criminal mischief is one of those offences. This is usually determined by whether the value of the damage done exceeds the value of $5,000 or not.

Penalties for Criminal Mischief

For criminal mischief under $5,000, a prison sentence is less likely but still possible. You can be given up to two years in jail (less than a day). More likely punishments include fines and restitution orders, along with probation and community service.

If the damage is over $5,000, this will be treated more severely. For most cases, up to 10 years in prison can be given. However, if the mischief also endangered human life, even if no one was hurt, then a maximum of life imprisonment is possible.

Aggravating Factors in Mischief Cases

An aggravating factor is something that makes the offence worse in the eyes of the law. In a case, several aggravating factors will be treated more seriously and with more severe penalties than one without them.

We have already looked at the two biggest mischief cases, which are the value of the property damaged and whether or not there was danger to human life. Let’s look at the other most common aggravating factors.

Hate-Motivated Mischief – This is if the target was motivated by hate or bias. This includes religious property or educational institutions on the basis of religion, race, sexual orientation, etc.

Mischief Against Essential Services – This is if you interfere with infrastructure such as water, electricity, or communication. It also applies if you in any way disturb emergency services or other essential transport. This can also include damage to computers or digital systems.

Repeat Offences – As with more or less any crime in Canada, the punishment will be more severe if you have a history of repeat offences. It will be deemed that you haven’t learned your lessons and still pose a risk.

Domestic or Intimate Partner Context – Damage to property in a domestic dispute can be seen as a sign of control or abuse. This aggravating factor intensifies if there is a history of domestic abuse.

Planning or Premeditation – Damaging a property in instant anger will be treated less severely than a premeditated act. It shows a higher level of intent and forethought.

Anything the Court Deems an Aggravation – There is no set list of aggravating factors, so this shouldn’t be seen as a definitive list. The court can consider anything to be an aggravating factor if it increases the culpability or seriousness of the crime.

Defending a Criminal Mischief Charge

As you can see, criminal mischief can be incredibly serious. Due to this, it’s vital that you contact an experienced criminal defence lawyer who will be able to advocate on your behalf. Criminal mischief can be hard to prove, and there are some good defences for it.

Lack of intent – There simply has to be intent for criminal mischief. For example, you squeeze past a car and scrape off paint with a zipper. This isn’t criminal mischief. A common defence is to claim that the damage was done by accident or some other innocent means, such as a misunderstanding.

Identity – You may be accused of a crime without solid evidence that it was you who committed the crime. A lawyer can argue that the Crown is able to prove this beyond a reasonable doubt and therefore you can’t be found guilty.

Consent – For example, someone asked you to wipe data from a phone so it could be reused, only for them to realize it contained important information. This can’t be criminal mischief. Even though there was intent, consent was given.

Any of these three defences can be severely compromised by saying the wrong thing to the police. It’s important not to say a word until you can speak to a lawyer. They’ll then advise you on the best way forward.

Final Thoughts

Criminal mischief can be a minor offence if the damage was minimal. However, it can be incredibly severe if there are serious aggravating factors. Due to this, it’s vital to get legal help as soon as possible to guide you through the process.

If you are charged with criminal mischief, don’t speak to the police, document any relevant information, and consult a criminal lawyer. If you’re in need of legal assistance, contact AGP LLP today, as we’ll be happy to offer you a free consultation.