Mischief to Property

Mischief to property is a criminal offence under Canadian law that involves interference with another person's property. This can include damaging property, making it dangerous or ineffective, or obstructing its use. 

Mischief to Property: Criminal Code Definition

According to Section 430(1) of the Criminal Code, mischief to property includes actions such as:

  • Destroying or damaging property
  • Rendering property dangerous, useless, inoperative, or ineffective
  • Obstructing, interrupting, or interfering with the lawful use, enjoyment, or operation of property
  • Obstructing, interrupting, or interfering with any person in the lawful use, enjoyment, or operation of property

This offence can range from graffiti and vandalism to more severe acts that endanger life by compromising the safety of a property.

Have you been charged with mischief to property? Contact us at (306) 994-9522 for a free consultation with a criminal lawyer.

Types of Mischief Offences

Mischief offences are categorized based on the nature and severity of the act:

  • Mischief under $5,000 or over $5,000: The value of the damaged property significantly affects the potential penalties.
  • Mischief endangering life: This is considered when the act of mischief could potentially endanger human life.
  • Mischief relating to data: Involves interference with electronic data.
  • Other specific forms of mischief: Such as mischief against cultural or religious property.

Penalties and Consequences for Mischief to Property

Mischief is a hybrid offence, meaning the Crown can decide to prosecute either summarily or by indictment, depending on the severity of the act. The penalties vary:

  • Summary Conviction: For less severe cases, penalties can include fines, probation, and imprisonment for up to 2 years less a day.
  • Indictable Offence: For more serious cases, especially those endangering life or involving significant property damage, imprisonment can be up to life.

Are you facing mischief to property charges? Dial (306) 994-9522 to receive a free consultation with a criminal lawyer. 

Aggravating Factors

  • Value of Damaged Property: Damages exceeding $5,000 tend to result in harsher penalties.
  • Danger to Life: Acts of mischief posing a risk to life carry more severe penalties.
  • Previous Convictions: Repeat offenders may face increased sentences.

Dispositions Available to Mischief to Property Charges

Summary Dispositions

  • Discharge
  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Imprisonment
  • Imprisonment + Probation
  • Imprisonment + Fine
  • Conditional Sentence

Indictable Dispositions

  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Jail
  • Jail + Probation
  • Jail + Fine

Defences Available to Mischief to Property Charges

Several defences can be used in mischief cases, such as:

  • Lack of Intent: Proving the accused did not intend to commit the act.
  • Colour of Right: The accused believed they had a legitimate right to the property or action.
  • Mistake of Fact: Misunderstanding the facts that led to the alleged mischief.

Call (306) 994-9522 to discuss your options and the defences available to your mischief to property charge. 

Don’t Face Your Mischief to Property Charge Alone

An experienced criminal defence lawyer is essential when facing a mischief to property charge. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your mischief to property case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with mischief to property. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.

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