Public Mischief Lawyer in Winnipeg

What is Pubic Mischief?

Public mischief is a criminal offense where a person knowingly provides a false statement to a peace officer, causing them to begin or continue an investigation. This can include staging a crime scene, falsely reporting a crime, or fabricating a kidnapping or death. Public mischief charges are often laid in conjunction with other charges, and typically arise in two circumstances:

1. When an offender makes false accusations against another individual in an attempt to avoid being charged with a crime.
2. When an offender falsely accuses a specific individual with the intent to frame them for a crime as an act of revenge or punishment.

To be convicted of public mischief, the Crown Attorney must prove the following beyond a reasonable doubt:

1. You reported an offense.
2. The information you provided about the offense was false.
3. You intended to mislead the police.
4. The false report caused the police to enter into or continue their investigation.

Public Mischief Sentencing

Public mischief involving false reporting of a crime to the police can result in unnecessary investigations, wasting valuable police resources that could have been used to investigate legitimate crimes. This can also lead to other emergency services responding to the false report, further wasting community resources. In some cases, innocent individuals may be wrongly charged with criminal offenses as a result of false reports. Additionally, these incidents can cost taxpayers thousands to hundreds of thousands of dollars. As a result, the courts take public mischief charges seriously and even first-time offenders may face a jail sentence.

The severity of the offense varies depending on factors such as the degree of planning by the accused and the harm caused by the false report. For instance, an offense involving a quick discovery by one officer that the report was false is not as aggravating as an incident that involves multiple officers, other emergency services, a prolonged investigation, and the arrest of innocent individuals.

In cases where an innocent person has been charged with a criminal offense as a result of a false report, the seriousness of the falsely charged offense is an important factor in sentencing. For example, being falsely charged with a sexual assault is considered more aggravating than causing a disturbance. It is also considered aggravating if the accused misled the police in order to evade their own criminal liability.

Defending Public Mischief Charges

As your legal defense, I will thoroughly review all the evidence to determine every viable defense strategy. Some aspects of the review may include:

1. Assessing whether the Crown can prove that you reported the offense.
2. Examining whether the false report caused the police to enter into or continue an investigation.
3. Evaluating whether you had the intention to mislead the police.

A conviction for public mischief can have long-lasting repercussions, including impacting your ability to find employment and travel internationally. To ensure the best possible defense, it is crucial to contact me as soon as possible.