Definition: Section 430 of the Criminal Code of Canada defines mischief as wilfully destroying or damaging property, rendering it dangerous or useless, or obstructing someone’s lawful use of their property. When the value of the damaged property is over $5,000, it’s considered “mischief over”.
Important Points:
Common Evidence
Mischief Over $5,000 is a hybrid offence, giving the Crown the discretion to proceed summarily or by indictment:
Summary Conviction: Less serious cases.
Indictment: More serious cases, often with multiple incidents or where the damage has a significant impact.
Securing Your Release: An arrest for mischief over $5,000 means you’ll almost certainly face a bail hearing. We’ll work hard to advocate for your release with reasonable conditions to minimize disruption to your life while the case proceeds.
Fighting the Charges: Every mischief case is unique. We’ll look closely at the facts of your situation to build a strong defence:
Yes, the Crown may treat multiple related acts of vandalism as a single mischief charge if it exceeds $5,000 in combined value.
While helpful, it may not eliminate potential criminal consequences. Seeking legal advice to understand the full gravity of the charges and your options is crucial.
That’s a different charge, dealing with false accusations or interfering with investigations.
Assaulting a police officer charges are very serious and can have significant long-term consequences. Don’t risk your future, contact us immediately for a free consultation to understand your rights and begin building your defence.
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