Mischief Lawyer Winnipeg

What is Mischief?

Mischief, a property offence, is defined as intentionally interfering with someone’s lawful enjoyment of their property. This can encompass a wide range of actions, from vandalism to deliberately playing loud music to disrupt neighbors’ use of their property.

Mischief can be committed in several ways, including:

• 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.

It’s important to note that mischief does not cover accidental damage to property or unintentional interference with another person’s lawful use or enjoyment of their property. The act must be willful.

Mischief charges often arise in the context of domestic relationships, and in such cases, the Crown may consider it as a form of domestic violence. Damaging jointly owned property in a marriage or common-law relationship can result in charges.

Sentencing For Mischief

The range of sentences for mischief varies widely depending on the circumstances of the offense. For mischief under $5000, the maximum penalty is up to two years in jail, along with fines and probation. For mischief over $5000, the maximum penalty is up to ten years in jail.

In addition to the value of the damaged property, the nature of the property that was damaged is also considered by the law. Mischief related to religious property, such as a church, mosque, or synagogue, is treated seriously by the court. Similarly, if the property is a war memorial or cultural property, it is considered an aggravating factor by the court.

Defending Mischief Charges

As your defense lawyer, I will thoroughly review all the evidence and consider your account of what happened during the incident, with a focus on the following key issues:

• Can the Crown prove the state of the property before it was damaged?
• Can the Crown prove that you destroyed or damaged the property?
• Can the Crown prove that you intentionally caused the damage or acted recklessly?
• Can the Crown prove the value of the property that was damaged?

Mischief must be willfully committed or result from recklessness. If you did not intend to damage the property and it was an accident, you have a defense against the mischief charges.

Another possible defense involves demonstrating a legal justification, excuse, or color of right. The color of right defense arises when you honestly believed that you had the sole ownership right to possess the property, even if there was no true basis for that belief in fact or law. A legal justification defense may arise when the property is damaged while defending yourself, your property, or another person. In both situations, the belief you held must be objectively reasonable.

In some cases, the Crown may be willing to withdraw the charges if you agree to pay restitution for the damage caused to the complainant’s property. In other situations, the charges may be withdrawn after completing counseling for the underlying issues that led to the offense.

When deciding whether to proceed with or divert the charges, the Crown will consider both aggravating and mitigating circumstances, including:

• The amount of damage caused to the property and the total value of the damaged property.
• Whether the offense was a domestic violence offense.
• If the property damaged was irreplaceable.
• Whether children were present during the incident.
• If the accused has a prior related criminal record.
• The accused’s willingness to take responsibility for their actions and participate in counseling.
• If a conviction will affect the accused’s career, education, or ability to travel.
• If a conviction will have potential immigration consequences for the accused.

Every case is unique and requires careful attention to the factors that support a favorable resolution. We will work together from the date of your arrest until your matter is resolved to achieve the best possible outcome for your case.