MISCHIEF CHARGES

//MISCHIEF CHARGES

Were you damaging property and charged with mischief? Speak to a lawyer today.

By: Linh Pham, LL.B (hons), Criminal Defence Attorney

Merchant Law Group LLP, Regina, Saskatchewan

Most defendants have never heard of the criminal offense of mischief before they are charged. Nevertheless, it is extremely easy to be charged with this offense and police and/or the victim often press charges in cases involving very little or arguably zero quantifiable damage. Defendants facing a mischief charge risk obtaining a criminal conviction record and, in some cases, going to jail.

According to the Canadian Criminal code 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.

This includes mischief relating to war memorials, cultural property, computer data, religious property and the CCC specifically mentions that a mischief charge  can include imprisonment for life in some cases if the mischief causes actual danger to life.

Restitution

In some cases the prosecuting Crown Attorney will likely seek a restitution payment from the accused. This is an amount to compensate the victim for their financial property loss. Restitution amounts are often required in cases of both private and public property damage. While the victim could legally sue the accused in civil court for their losses. Restitution is often the better route for the defendant when it is available.

If you have been charged with mischief or another criminal offence, your rights may affected and it is necessary for you to have an experienced and competent Criminal Defence Lawyer to provide you with legal advice and protect your legal rights.

Linh Pham regularly make appearances in Regina Criminal Defence regularly makes court appearances at the following cities and towns:

Assiniboia, Broadview, Canora, Carlyle, Esterhazy, Estevan,  Indian Head, La Ronge, Lloydminster, Fort Qu’Appelle, Melfort,  Moose Jaw, Moosomin, Nipawin, North Battleford, Prince Albert, Punnichy, Weyburn, Saskatoon, Swift Current, Wynyard, Yorkton and other locations.

The information provided on this page is for education purposes only and is not intended to be relied upon as legal advice.

If you need legal advice, contact a lawyer like Linh Pham. Call: 306-502-5987.