Mischief Lawyers

If you’re being charged with mischief, don’t make the mistake of navigating the criminal justice system alone.

Call (604) 669-6699 (available 24/7) or email info@penderlitigation.com to chat with an experienced lawyer ASAP.

Handled improperly, mischief accusations can lead to jail time, fines, restitution, probation, reputational damage and criminal records, permanently impeding your ability to travel and secure gainful employment. But mischief cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.

Our first consultation is privileged and confidential, with no obligation on you.

When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.

Mischief cases can be won.

When you retain Pender Litigation, you’ll advance with an experienced mischief lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting.

 

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What is Mischief?

Mischief describes the criminal offence of willfully or recklessly damaging, destroying, interfering with, or rendering dangerous or useless another person’s property. Classified according to the value of the subject of the offence, mischief under $5,000 is distinguished from that over $5,000.

Charges of mischief are commonly laid following acts of vandalism, but the destruction of property is not necessary to make out such charges. Excessive noise, or any act that interferes with the normal use or enjoyment of someone’s property, may equally result in a charge of mischief.

Mischief in the Criminal Code of Canada

Regarding mischief, section 430 of the Criminal Code states

430 (1) Every one commits mischief who wilfully

  1. destroys or damages property;
  2. renders property dangerous, useless, inoperative or ineffective;
  3. obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
  4. obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Mischief in relation to computer data

(1.1) Everyone commits mischief who wilfully

  1. destroys or alters computer data;
  2. renders computer data meaningless, useless or ineffective;
  3. obstructs, interrupts or interferes with the lawful use of computer data; or
  4. obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

Punishment

(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

Punishment

(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
  2. is guilty of an offence punishable on summary conviction.