Lawyer for criminal mischief charges in Ontario

We provide affordable criminal lawyer representation for Mischief Under and Over $5000 charges (Section 430 of the Criminal Code).

If you've been charged with mischief under or over $5000, you should immediately hire a criminal lawyer to defend you. Your own lawyer should be the very first person to speak to the Crown Attorney about your case. Not everyone gets the same result and mischief cases can be very unpredictable.

Our lawyers defend criminal mischief charges throughout all of Ontario, Canada. We can help you avoid jail and a criminal record. In domestic mischief cases, we represent alleged victims who want to help the accused regain contact and get the charges dropped.

Consequences of a Mischief Conviction

Mischief is a criminal is a criminal offence under Section 430 of the Criminal Code of Canada that can result in severe penalties and a criminal record.

The consequences being convicted of mischief can include:

• job loss
• fines, probation, and possible of imprisonment
• problems with immigration, permanent residence, and citizenship applications
• being deemed ineligible for certain professions, jobs, and opportunities
• being denied entry into the United States or other countries
• living with the social stigma of a criminal record
• risk of the conviction being reported publicly in the media
• obtaining a criminal record that will be stored and accessible in the national CPIC database

For individuals without criminal histories the effect of a criminal mischief conviction on their livelihood, freedom, and future opportunities life can be tremendous.

Getting the Crown to drop or withdraw Mischief charges

If you've been charged with mischief under or over $5000, the best possible outcome is for the Crown Attorney to agree not to prosecute you and withdraw (drop) the charges.

If you retain us to represent you, our primary goal is to negotiate and obtain an agreement with the Crown Attorney's office that includes getting the charges against you dropped. This means that you will not be prosecuted and will not receive any criminal record or conviction.

In some cases, we are able to negotiate the dropping of mischief charges in exchange for the accused undertaking certain tasks, which may include:

• making charitable donations
• agreements to enter into a peace bond
• making a payment of restitution
• write a letter of apology
• agreements to undergo counselling

Will the Crown Attorney (prosecutor) always drop Mischief charges?

No. Ultimately, it is the Crown Attorney's decision whether to prosecute the accused or not. The main factors that Crowns examine in determining whether to prosecute include:

1. the accused's criminal history (if any);
2. whether the accused has other charges pending;
3. the nature of accused's relationship to the property owner (victim);
4. the seriousness of the case, including the amount of damage;
5. the presence of alcohol or drug use;
6. the accused admitting responsibility for what happened.

It is important to have a criminal lawyer negotiate your case on your behalf as it is sometimes possible to persuade the Crown prosecutor to withdraw mischief charges even in cases where they first intend to prosecute. Some prosecutors are less willing to agree to withdraw charges than others. Having an experienced lawyer represent you, who knows the best prosecutors to deal with, increases your chances of obtaining a favourable resolution.

What if the Crown Attorney refuses to drop the charges?

If we are unable to get the Crown Prosecutor to agree to drop the charges our focus switches to finding another resolution that does not involve you obtaining a long lasting criminal record, such as an absolute or conditional discharge.

The issuance of a discharge is ultimately the Judge's decision based on the prior case law and criteria for a discharge enumerated in the Criminal Code. Discharges are not always given just because the individual is a first time offender. The defence must work to convince the judge that it is warranted and in the public interest.

Even if the Crown opposes a discharge or takes no position, it is at the full discretion of the Judge. Our lawyer has successfully obtained discharges for clients even in cases where the Crown has opposed it in court.

Will I be defended by an actual criminal lawyer or a paralegal?

You will be represented only by a Practising Lawyer certified by the Law Society of Ontario, not a paralegal.

Having an actual lawyer represent you has numerous advantages, including the privacy protections guaranteed by attorney/client privilege. With your reputation and future on the line, you deserve nothing less than the highest level of discreet and confidential representation by a criminal lawyer.

What additional services do you offer your clients?

In addition to representing you, our flat fee also includes:

1. Applying to have your fingerprints, mug shot, and RCMP CPIC records destroyed in cases where we get the charges dropped or discharged;
2. How to handle future questions from potential employers and law enforcement officials regarding the incident;
3. Important advice and information regarding how to successfully travel to the U.S. and other countries;
4. Ensuring you are in the best position to avoid any problems with your current immigration status or on future immigration applications to IRCC.

How long will this process take?

Most cases take a few months to resolve. Depending on whether there is an agreement to have the charges dropped or not, there are normally at least 2 - 3 court appearances required. For some types of court appearances, we are also able to attend court on your behalf (allowing you not to miss work or school).

Factors that can delay the process include the disclosure not being ready by the first court date, time required to complete possible counselling, victim impact statements, quantifying restitution amounts, and other scheduling matters.

Our goal is to have the charges dropped or the matter otherwise successfully resolved as quickly as possible. This being said, we will not hesitate to delay your case if we feel it is in your best interest.

Call us today for a free assessment
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 throughout all of Ontario, Canada.

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




Are you a lawyer? If you are defending an uttering threats 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.

---