Mischief Defence
Expert Legal Representation for All Mischief-Related Offences
Facing a Mischief Charge in Canada?
Mischief charges can come with serious consequences, including fines, imprisonment, and a criminal record. At Mota Law Firm, we provide experienced legal defence for individuals facing all types of mischief-related charges. Our goal is to protect your rights and work toward the best possible outcome for your case.
What is Mischief in Canada?
Under the Criminal Code of Canada, mischief covers a broad range of offences that involve either damage to property or actions that obstruct public or private activities. The two main categories of mischief include:
General Mischief: This involves willfully damaging, destroying, or interfering with property, including vandalism, graffiti, breaking windows, and blocking access to property. The severity of this offence depends on the extent of damage and the value of the property involved.
Public Mischief: This refers to acts of falsely reporting crimes or providing misleading information to law enforcement. It is treated seriously because it diverts valuable police resources and can obstruct justice.
Penalties for Mischief in Canada
The penalties for mischief offences vary depending on the nature and severity of the act:
General Mischief Under $5,000: Typically prosecuted as a summary conviction, which can result in fines, probation, community service, and up to two years in jail.
General Mischief Over $5,000: Considered an indictable offence and may lead to imprisonment for up to 10 years, especially when significant property damage or public property is involved.
Public Mischief: Can result in imprisonment for up to 5 years if prosecuted as an indictable offence, reflecting the seriousness of misleading law enforcement and wasting public resources.
What to Do If You Are Charged with Mischief?
If you are facing a mischief charge, whether it's general or public mischief, it’s important to take immediate action:
Exercise Your Right to Silence: Do not provide any statements to law enforcement without consulting a lawyer first.
Document the Incident: Keep a record of any details, interactions, or evidence related to the alleged mischief.
Contact Mota Law Firm: Our experienced legal team will review your case, identify potential defences, and create a strategy to protect your rights and minimize the impact of the charges.
