Second Offence Mischief Charges: What happens when you are charged the second time

Mischief Under $5000 (and over) are very common criminal charges in Canada thus many people get charged more than once. Like any criminal case, any prior charges will be closely examined and will impact how you will be prosecuted and judged by the courts.

What if my prior charge was dropped (withdrawn) can that still hurt my new case?

Yes even charges that were withdrawn will absolutely be considered by the Crown Attorney who is assigned to your file. The Police retain in their local (internal) databases that the charge was pressed even if it was ultimately withdrawn and the fingerprints destroyed. If the Crown sees that you were charged with mischief before that will be a case factor that will make them less sympathetic to you on your current charge. If the prior mischief case was recent it will be considered worse than a dated charge.

Since mischief is such an open endedly defined offence facts can range significantly between cases. It is important for your lawyer to highlight any differences in the facts along with changes in your life since the last incident. It is much worse if you are charged for anger related mischief twice (i.e. key a car) than if you get charged once for artistically motivated graffiti and then later for keying a car in anger. Often the Crown Attorney is only provided with the charge itself (such as Mischief Under $5000) and the disposition and not the facts of the case.

Someone told me the whole thing was gone the first time?

What they told you is categorically untrue. The Police keep the charge information indefinitely regardless of what anyone told you (even if they work at the courthouse). In fact, even if you were not charged at all but were simply warned/cautioned and let go they keep this information and will put it on your file/disclosure for subsequent incidents.

I am unsure if I was charged the first time?

If you were fingerprinted and attended at the courthouse (or your lawyer did for you), you were charged and the new charge is considered a second time offence. Everyone who is fingerprinted is being charged and is evaluated as a second time offender if something happens again.

How will I be treated differently by the Crown Attorney for being charged twice?

The facts of the case itself are extremely important in evaluating this however it could be the difference between them being agreeable to drop the charges (often in exchange for counselling and restitution) and them not. If could be the difference between them seeking a criminal conviction or some form of discharge/non-conviction, or whether they seek to put you in jail. It is important to speak to a lawyer right away to identify the issues and develop a strategy to obtain the best outcome.

The good news is that even second time offences can sometimes be dropped. While the fact that you have been charged before is definitely a strike against you, it is one of many factors that have to be properly evaluated and presented by your lawyer. Some people charged with mischief under $5000 for the first time end up going to jail while other second timers walk free. It really depends on the facts of your case(s) which in terms of mischief can be vastly different.

In most cases there are underlying issues such as problems with anger management and/or alcohol abuse that can be treated through counselling which can go a long way in helping your case.

Call us today
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with mischief in the Toronto area.

Have a skilled criminal lawyer who focuses on mischief charges protect you and your future from the stigma and consequences of a criminal record and conviction.





Are you a lawyer? If you are defending a mischief under or over $5000 related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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