Charges of Criminal Mischief in Brampton Ontario
Here is some information looking the legalities of criminal mischief. Brampton Criminal Lawyer can help you protect your rights. They will make sure you understand your situation and the potential consequences with regards to the law.
Define what mischief is?
Mischief is occurring when a person;
1) ruins or tampers with property;
2) makes property unusable in any way, shape or form;
3) causes interference in any way with the use of property;
4) stops someone from enjoying or using property.
What are the consequences between mischief over five thousand dollars and under?
The majority of convictions in regards to mischief don’t not normally carry any jail time. Although if the charge is more than five thousand dollars, the sentence can be up to 10 years. Under five thousand dollars is usually less than two years. Criminal Lawyers Brampton can advise you of your rights and help make the best decisions for you.
Explain the consequences if it was not intentional?
If you didn’t ‘willfully’ cause mischief, you can not be charged with criminal consequence. The criminal code states the act must be done ‘willfully.’ in order to be charged criminally. A Brampton Criminal Lawyer can help you understand which laws apply to your specific case.
What happens if I damage my own property? Can I be charged with mischief?
As long as you are not trying to defraud something, you can’t be charged with mischief. An example where you could be charged is in an insurance claim. Mischief is normally a charge to be applied when damaging or causing harm to someone else’s property or possession.
If a spouse damages property jointly owned, the charge of mischief can be applied. But if one person who jointly owns the property damages it and believes it is solely theirs, they are not guilty of mischief.
If I damage someone’s property, can that result in a criminal record?
Often if you negotiate to pay the victim back, the result will be a negotiation with the Crown to drop the criminal charges.
In some cases the Crown will not drop the charges, but paying the victim back will help you.
The judge will see you more favorably when sentencing if you pay restitution.
Each case is judged separately and Criminal Lawyers Brampton can help you. It’s very important you talk with a good criminal lawyer that can defend you in all areas when you are in this type of situation.
Processing your request, Please wait....
