toronto mischief lawyer

Toronto Mischief Lawyer

What is Mischief?

Mischief is the unlawful damage or misuse of someone else’s property. It is separated into two offences based on the cost of alleged damage: over $5,000 and under $5,000.

The most common types of mischief include damage to property, such as:

However, mischief can also include things like pulling a fire alarm, playing loud music late at night, or being a disturbance in a shopping mall.

Mischief may be considered more serious and can include more severe penalties based on certain circumstances. For instance, vandalizing a place of worship, school, government building, or war memorial can result in greater punishment. In addition, the Criminal Code clearly defines mischief in relation to computer data, which comes with higher penalties. Finally, mischief that causes actual danger to life may result in life imprisonment.

What happens if I am charged with mischief?

After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will eventually track you down or issue a warrant for your arrest.

After you have been charged, you need to contact Michael Juskey immediately. Michael will be able to offer you options based on the evidence. Your first conversation with Michael with be a no charge strategy session. You will learn how the legal system works and what options may be available to you.

How do I beat a mischief charge?

For the Crown to successfully convict you of mischief, they must prove the following beyond a reasonable doubt:

Michael Juskey has successfully represented hundreds of individuals with many seeing all charges dropped. He has done this by being working with his clients to attain a clear description of the events as they occurred. There may be no proof of wilful actions. Or there could have been a misunderstanding as to ownership. After all, you cannot be charged for damaging your own property.

  • The crown attorney must prove the identity of the accused person beyond a reasonable doubt. This means they must prove it was you that perpetrated the crime. If someone else was responsible for the crime then you should call Michael immediately. He will learn the facts, negotiate with the crown attorney to seek a withdrawal of the charges or defend you at your trial.
  • If you are the sole owner of the property in question, you should not have been charged and your case should be promptly withdrawn by the crown attorney. This is an uncommon occurrence. The issue in these cases is more commonly one involving joint-property held by two or more individuals. If you are the joint owner of property and you damage it without permission, you could be found guilty of Mischief.
  • Every case is different with its own unique set of facts. Upon being retained, Michael will interview you to get your side of the story. To successfully invoke an Accident defence, the accused must tender evidence of an unexpected or unforeseen occurrence which caused the property damage. If there is an “air of reality” to the defence, the crown must disprove it beyond a reasonable doubt. Therefore, if it was possible that the unforeseen incident occurred, the defence will be successful and the accused will be found “not guilty”.

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