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 under $5,000, it’s considered “mischief under”.
Important Points:
Common Evidence
Mischief Under $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 significant impact.
Securing Your Release: An arrest for mischief can sometimes lead to a court appearance date without being detained. If you are held for a bail hearing, we’ll fight for your release on the best possible conditions.
Fighting the Charges: Every mischief case is unique. We’ll look closely at the facts of your situation to build a strong defence:
Intent matters, but mischief doesn’t require planning. We’ll carefully analyze the specific circumstances to build the best defence.
While helpful, it may not fully erase potential criminal consequences depending on the specific circumstances and the Crown Prosecutor’s discretion.
That’s a different charge, dealing with false accusations or interfering with investigations.
Even a seemingly minor mischief charge can have lasting consequences. Don’t underestimate the potential impact on your future. Contact us for a free case review to discuss possible defences and the potential impact on your life.
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We have helped hundreds of people get their charges dropped or reduced. We know the system, fight hard for your rights, and get the best outcome for your future.
