Mischief Over $5000 Charges

In cases where the investigating police officer is of the opinion that the property damage exceeds $5000, a mischief over $5000 charge is laid. The criminal code provides for a maximum penalty of 10 years in prison in mischief over $5000 cases where the Crown elects to proceed by indictment. In cases where the Crown proceeds summarily, the maximum punishment is two years in prison.

Factors looked at in deciding whether the Crown will proceed by indictable or summary conviction

In deciding whether to proceed by indictable or summary conviction the Crown Attorney will look at factors such as:

• the extent and value of the damage: the higher the dollar amount of the damage the more likely they will proceed by indictment;
• aggravating facts in the case such as whether there are other charges arising from the same set of facts;
• description of object(s) damaged: cases where there is a racial, hate, cultural, or other morally repugnant motivation are more likely to be indictable;
• the background and criminal record of the accused.

In mischief over $5000 cases, your defence lawyer will try to persuade the Crown to proceed summarily. The Crown will sometimes reverse or reconsider their initial position after speaking with your lawyer.

Property value assessment - determining if damaged property is over $5000

Usually, the initial decision to charge a person with mischief over $5000 (as opposed to under $5000) is little more than guesswork by the police officer at the scene. They often to not know the exact value of the damage until a proper assessment is completed.

Some police will erroneously use the total value of the property damaged (ie. the total value of a car) instead of the value of the damage done to the property itself (the cost of repainting a panel of a car). Just because the Mercedes vehicle damaged is worth more than $5000 does not mean the damage it sustained is valued at over $5000. The latter is the proper calculation in what charge is appropriate.

In cases where it is later discovered the value does not exceed $5000, the Crown Attorney will amend the charge to mischief under $5000.

Inaccurate Property Damage Assessments

Surprisingly, many assessments done in mischief cases are formed from the police simply "calling around" for estimates without anyone actually seeing the damage and assessing it first hand. In cases of auto/vehicle damage, the police often just call an auto body shop and provide a brief description over the phone. They then provide the Crown with whatever dollar value the auto body shop guessed the damage to be. This means the value that is listed in the disclosure comes from an estimate that is made without even looking at the car.

Obviously, with the defendant's life and freedom on the line such assessments are extremely inappropriate. In cases where the value of the damage is alleged to exceed $5000, it is extremely important that your lawyer ensure an accurate, first hand, damage estimate was completed (and not just a number given over the phone).

A proper damage estimate will reflect the fair market value of repairing the property to the state it was in immediately prior to the damage taking place.

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 mischief 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.

---