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Toronto Mischief Charges Lawyer

Toronto Criminal Mischief Charges

Mischief is a criminal offence in Canada and a common charge in the Greater Toronto Area. If you've been charged with mischief, it likely relates to an allegation that you interfered with or damaged property that you did not own.

The specific provision for mischief in the Criminal Code is found in Section 430 and reads as follows:

430 (1) Every one commits mischief who wilfully

  • (a) destroys or damages property;
  • (b) renders property dangerous, useless, inoperative or ineffective;
  • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
  • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

The range of punishments and sentencing options are vast and can include fines, probation, and jail. The maximum jail sentence depends on whether you are charged with under Section 430 (3) for mischief under $5000, or Section 430 (4) for mischief over $5000. Some convictions may also carry additional punishments if the damage involves computer data, religious/cultural property or if someone's life was put at risk. These specific sentencing provisions are also found within Section 430 of the Criminal Code.

Any mischief conviction also carries the risk of a criminal record which may negatively impact employment, travel, immigration, and membership in professional societies. Even in cases where the accused is acquitted or the charge is stayed or withdrawn, the record of the charge may still be released on a vulnerable sector check and still may show up on CPIC searches.

If you're in the Greater Toronto Area, call us today at 647-228-5969 to speak to a lawyer about your case for free. You may also see our resources below for more information on mischief charges.

For more information please see:

First Offence Mischief: What happens when someone is charged for the first time with criminal mischief including the fingerprinting/mugshot process, how the police share their information, and how just being charged can impact employment, travel, immigration, etc. Also what the potential punishments are and how the charges can sometimes be withdrawn (dropped).

Second Offence Mischief: About being charged with mischief for the second time. Even if the first charge was dropped/withdrawn it will negatively impact how the Crown Attorney and the courts will judge subsequent cases.

Mischief Under $5000: More information on the specific charge of mischief under $5000 including the potential consequences, records of arrest, indictable vs. summary conviction, and issues relating to restitution.

Mischief Over $5000: Mischief over $5000 charges under Section 430(3) of the Criminal Code. How GTA police sometimes provide inaccurate damage reports which can impact prosecutorial discretion.What the maximum penalities are for various forms of the offence.

Domestic Mischief Charges: Mischief charges involving non-platonic relationships are classified as "domestic" and prosecuted more harshly than non domestic cases. The often difficult release conditions (bail or criminal undertaking) are discussed along with how to get domestic charges withdrawn. Also discussed are what aggravating and mitigating factors will be considered by the Crown Attorney.

Toronto Mischief Cases: Specific information on the most common forms of mischief charges in the Toronto area including tagging property/grafitti, damage to motor vehicles, alcohol related incidents (often on the grounds of nightclubs, restaurants, and bars), and cases relating to the TTC. Also peace bonds are discussed.

Mischief Charges and Immigration: Just being charged with mischief by the Police can impact your immigration status in Canada and cause problems with future immigration applications. Citizenship and Immigration Canada (CIC) have access to the Police databases showing you were charged.

U.S. Travel Implications: How the United States deems all forms of mischief to be crimes of moral turpitude which can lead to those charged being denied entry. This includes the provisions U.S. Customs follow when assessing admissibility and how they can discover mischief charges by searching the RCMP CPIC database.

Mischief Criminal Non-Conviction Records: Some basic information about non-conviction records such as occurrence reports, fingerprints and other information stored in various Police databases that can cause problems regardless of the outcome of your case. Also information about the fingerprint destruction process.

Motor Vehicle Damages Cases: Cars, trucks, etc. are often damaged leading to charges. Often they are keyed, have their tires slashed, side mirrors broken, or windows cracked. The most common types of motives for these cases are discussed along with issues of insurance and how the Police try to get people to confess.

Graffiti / Tagging Vandalism cases: Mischief charges stemming from graffiti allegations are discussed. Often the crime is witnessed by the Police themselves. Aggravating factors and other common questions are discussed.

Sporting events, concerts, etc. cases: Throwing something onto the field at a Blue Jays game, running onto the field, damaging the Rogers Centre or disrupting any other venue, concert or event will lead to criminal mischief charges. The Toronto Police Service take these types of charges extremely seriously.

Youth Mischief Charges: About YCJA charges for youth (under age 18) including the notice to parent, types of common cases, how the police and sometimes CAS get involved, U.S. Travel effects, and how youth charges can sometimes become part of an adult criminal record.

Sexual Related Mischief and Voyeurism: How the opened ended definition of mischief allows police to charge people for things they deem inappropriate such as taking pictures of people without consent in public places. Police often charge individuals with mischief and voyeurism simultaneously as the latter is harder to prove.

Causing a Disturbance: When the police will charge someone for the offence of Causing a Disturbance in Canada under Section 175 (1) of the Criminal Code. This includes the legislation itself, how Canadian Courts have defined the crime, what the maximum punishment is, and how a lawyer can often have the charges withdrawn.

Public Mischief Charges: About the specific charge of Public Mischief in Canada under Section 140 (1) of the Criminal Code. This includes what constitutes Public Mischief, the most common types of cases, and the typical motivating factors behind the crime. Also the punishments and consequences for those who are charged are discussed.

What a Lawyer must do to successfully defend you: A criminal mischief defence lawyer must take into consideration their client's employment/future plans, immigration status, U.S. travel, and family law/Children's Aid Society (CAS) issues. Proactive steps must be taken to avoid problems. Properly analyzing the facts of the case is also crucial.

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 under and over $5000 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.


    call us: 647-228-5969

    contact@torontomischieflawyer.ca


  call us: 647-228-5969

  contact@torontomischieflawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • U.S. travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with U.S. travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a mischief under and 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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  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel