Mischief Under $5000 is a criminal offence that deals with damage to property and it is classified as a “Wilful and Forbidden Act in Respect of Certain Property”.  The crime is committed when an individual damages or interferes with the enjoyment of someone else’s property.  It is not an offence to damage your property, however if somebody has an interest in that property the offence may be made out.  If the property involved exceeds $5000, it becomes a straight indictable offence which carries a maximum sentence of life in prison.

There are many defences to Mischief charges that an experienced criminal lawyer will explore.  At our firm a guilty plea is always the last resort as many of these charges are commonly resolved with favourable results for our clients.  The Law Office of Ontario Legal Pool (OLP) also has experience fighting these charges at trial.  Section 430 of the Criminal Code of Canada defines Mischief as:

430. (1) 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.