Criminal Lawyer for Mischief
A Mischief charge involving a former friend or partner may seem minor, but its implications can be far-reaching. Lisa White’s expertise helps you navigate these complex situations, protecting your rights and your future.
The legal support you need
How Lisa Can Help
Lisa White has a track record of defending Mischief charges that typically involve disputes or misunderstandings between individuals with a prior relationship. Regardless of the nature of the relationship between the parties involved, navigating the criminal justice system is daunting. Lisa, with her years of experience backing her, will guide you through the process.
Known for her thorough preparation and empathetic approach, Lisa helps her clients understand their legal options and navigate the process calmly and confidently. Her dedication to resolving these cases with care and professionalism sets her apart as a trusted advisor.
Know the law & Your Rights
In the Criminal Code
Mischief under the Canadian Criminal Code
(Section 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.
Mischief in relation to computer data
(1.1) Everyone commits Mischief who wilfully
(a) destroys or alters computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer data; or
(d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
Punishment
(2) Every one who commits Mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
(3) Every one who commits Mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Idem
(4) Every one who commits Mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Mischief in relation to computer data
(5) Everyone who commits Mischief in relation to computer data
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
In Everyday Terms
Mischief Explained
What is Mischief?
Under Canadian law, Mischief involves intentionally:
a) Damaging or destroying property.
b) Making property dangerous or useless.
c) Interfering with someone's lawful use or enjoyment of property.
d) Interrupting a person's use of property.
Mischief with Computer Data
This includes:
a) Destroying or altering computer data.
b) Making computer data useless.
c) Blocking access to computer data.
Exceptions
a) Stopping work due to employment disputes or for protection as workers is not considered Mischief.
b) Gathering information near a dwelling is not considered Mischief.
Definition of Computer Data
Computer data refers to any information stored digitally, as defined by Canadian law.
Potential Consequences
Punishments for Mischief
a) If Mischief endangers life, it can lead to life imprisonment.
b) If it involves valuable property (over $5,000), it can result in up to 10 years in prison or a lighter punishment.
c) For less valuable property, the penalty can be up to 2 years in prison or a lighter punishment.
FAQs
You can also browse FAQs about your rights in the legal process, fees & compensation, and about Lisa White's practice.
Can insurance cover damages if I’m charged with Mischief?
No, insurance coverage does not generally apply to situations where the person making a claim has been charged criminally.
Will a Mischief charge appear on my permanent record?
Yes, if convicted, a Mischief charge will appear on your criminal record, which could impact employment or travel. Certain conditions, like a discharge, may prevent it from becoming a permanent part of your record.
Can I be charged with Mischief if the property was shared or co-owned?
Yes, you can still face Mischief charges if you damage property that is co-owned or shared with another person, such as jointly owned vehicles or shared living spaces.
A brighter path through legal challenges
Facing Mischief charges?
Lisa’s free consultations provide you with a safe space to discuss your situation and explore your options with a trusted expert.