Criminal Mischief Charges Lawyer in Calgary
If charged with criminal mischief, you’ll need the sound legal representation of criminal lawyers in Calgary to defend your case.
At Wyman & Williamson, you can count on us for:
- Decades of experience in criminal cases
- Transparent and flexible payment plans
- 24/7 help and support
Let Us Call You Back
Free Consultation"Required" indicates required fields
WHAT IS CONSIDERED A MISCHIEF IN CALGARY?
The Criminal Code of Canada defines mischief as unlawful interference with someone else’s property. Mischief is split into two offences depending on the value of the property damaged: over $5,000 and under $5,000.
ACTS OF MISCHIEF ACCORDING TO CRIMINAL CODE IN CANADA
There are several wrongful acts that can result in mischief, from the destruction of property to obstruction of its lawful use.
According to the Criminal Code of Canada, mischief is said to occur when one willfully
- Destroys or damages another’s property
- Renders another’s property useless, inoperative, dangerous or ineffective
- Obstructs, interferes or interrupts the lawful use of another’s property
- Obstructs, interrupts or interferes with any person in the lawful use of another’s property
Is criminal mischief a felony in Canada? Mischief is considered a serious criminal offence with severe consequences. A conviction for criminal mischief can result in a criminal record, fines, probation and sometimes sentencing. If facing criminal mischief charges, get an experienced criminal lawyer to successfully defend you in court.
WHAT ARE THE COMMON TYPES OF MISCHIEF INCLUDE DAMAGE OF PROPERTY?
Mischief incidents often involve property damage such as:
- Vandalism incidents
- Painting graffiti on a building
- Smashing someone’s window
- Slashing someone’s car tires
There are also actions that don’t necessarily result in property damage but could still be classified as mischief, such as:
- Pulling a fire alarm
- Playing very loud music late at night
- Refusing to leave someone’s property
The Criminal Code also imposes higher penalties on mischief when it involves:
- Places of worship
- Education institutions
- Daycare, community centers or places with cultural significance
- Testamentary instruments
- Danger to human life
While many of those accused of mischief may insist that the damage to property or interference was not intentional, the prosecutor can consider the actions willful if it is proven that one was careless while being conscious of the risk or danger. That is why you need a criminal mischief charges lawyer to successfully defend your case in court.
CRIMINAL MISCHIEF CHARGES LAWYER KNOWS HOW TO HELP
CONSULT FOR FREE TODAY
WHAT IS NOT CONSIDERED AS A MISCHIEF?
There are some activities that employees may engage in that are protected by the labour laws in Canada from criminal mischief charges. For instance, a person will not be charged with the offence of criminal mischief if he or she stops working due to a matter relating to their work that they have not agreed on with the employer. Additionally, employees who stop working due to taking part in a union are protected.
Additionally, one cannot be charged with criminal mischief for attending or approaching a house or place in order to obtain information or communicate with the property owner. This simply means that knocking on someone’s door and communicating with the people inside the property will not result in a criminal mischief charge.
WHAT ARE THE PUNISHMENTS AND PENALTIES FOR THE MISCHIEF CONVICTION IN CALGARY?
A mischief conviction is unlikely to result in jail time. However, if the mischief charges involve any of the following, the risk of jail time increases:
- The unlawful activities occurred at specific communal places such as a place of worship, school, community center or war memorial
- Sensitive property was damaged, such as computer data
- The activities endangered lives
- The mischief is classified as a “hate crime”
- The value of property damaged is beyond $5,000
- The accused has prior convictions
Penalties for mischief vary significantly from a simple fine to probation and even jail time, depending on the value of the property damaged.
If the property damage exceeds $5,000, the accused faces no more than 10 years of jail time. If the property is valued below $5,000, the punishment stands at no more than 2 years of jail time.
The accused also faces future consequences of a criminal conviction, such as loss of trust among loved ones, difficulty securing employment and a tainted reputation in the community.
CRIMINAL MISCHIEF CHARGES LAWYER KNOWS HOW TO HELP
CONSULT FOR FREE TODAY
CRIMINAL MISCHIEF CHARGES IN CALGARY ALBERTA – (FAQs)
How do I get Mischief Charges in Calgary Dropped?
If you have been charged with mischief, your lawyer will explain to you the pre-trial diversion options available depending on your unique circumstances. The pre-trial diversion programs enable those who have been accused of criminal offences like mischief to have their charges withdrawn. For instance, under the alternative measures program, you can have charges of mischief withdrawn if it was your first offence and the charges presented are fairly minor in nature. Another option is the mental health diversion which allows anyone with mental health issues that may have contributed to the actions to have their charges dropped. Offenders who qualify for mental health diversion are often given an opportunity to seek rehabilitation to address issues that may have resulted in the mischief offence.
Regardless of the approach, you pursue to have the charges withdrawn, you may have to work with a probation officer or social worker, pay restitution for the damage caused and perhaps attend counselling or community service. Both programs have conditions that must be met to get the charges against you withdrawn. You can only apply for discharge after pleading guilty or being found guilty of mischief.
Where Сan I Pay for Bail for Mischief Charges in Calgary?
Have you or a loved one been granted bail after being charged with mischief in Calgary? You may need to pay a specified amount of money to secure release. You can make a cash deposit at any bail hearing office in Alberta. These bail hearing offices are open every 24 hours a day, 7 days a week. You may pay bail at the bail hearing office at Calgary Courts Center located at 601 5th Street SW.
You can also pay bail for mischief charged in Calgary at the Calgary Remand Center situated at 12200 85th Street NW. The center is only open until 8.30 pm.
How Long Does Criminal Mischief Stay on My Record?
A criminal mischief conviction can have adverse effects on your future. Not only does a criminal conviction affect your reputation in the community you reside in, but it also makes it difficult for you to find certain jobs and may ruin the trust you once had with family, friends, and peers. Our lawyers will work tirelessly to offer a strong defence so that you don’t face the consequences of being convicted. Your criminal record is public but not as easily accessible. It is part of the police database, and anyone who wants to access someone’s criminal record will first have to pay to retrieve that information.
How do I Change My Release Conditions for Mischief Charges in Calgary?
Once you secure bail, you may be faced with restrictive conditions that interfere with your day-to-day life. Such conditions may include:
- To refrain from interacting with the alleged victim, visiting their home or work
- A curfew and/or house arrest
- To refrain from breaking any laws or being involved in other unlawful acts
- To not consume any drugs or alcohol
- To avoid visiting certain places
- Overcoming resistance by choking, strangling, or suffocating, and
- To not possess any weapons
Other additional conditions that may be imposed by a judge once granted bail may include:
- To reside at a specific address
- To report to a probation officer at specific days/time
- To attend counselling
- To maintain or seek employment
The judge will consider the following factors when determining the conditions of your release:
- Whether you have a previous criminal record
- Your physical and mental health
- The nature of the mischief charges
- The likelihood that you may not attend court and that you will flee
- If you have a history of drug or alcohol abuse
- If you live in a stable home environment
Abiding by your release conditions, no matter how strict they are, is important as any breach can result in further charges or revocation of your bail. Your criminal mischief lawyer will work with the prosecutor to negotiate the elimination of some of those restrictive conditions.
Restrictive bail conditions can force some people to plead guilty, which is why your lawyer should pursue more manageable and minimally intrusive terms of your release beforehand.
HOW A CRIMINAL MISCHIEF CHARGES LAWYER IN CALGARY CAN HELP?
Wyman & Williamson – EXPERIENCED LEGAL TEAM IN ALBERTA
If you have been charged with criminal mischief, contact a lawyer immediately. Our lawyers will help you address serious allegations of mischief laid against you. Even if you intend to plead guilty, having proper legal representation can make a world of difference in your future life. We understand that a criminal record can hardly go away on its own. That’s why we help our clients to navigate the process of pardons and waivers as soon as possible.
We can help you apply for a record suspension to have the charges withdrawn and your details removed from the criminal records database. We can also help you prepare for trial and successfully represent you in court. Whatever your needs are, our experienced criminal lawyers will help you move forward. Don’t let a conviction affect your happiness and success in life. Get in touch with us today for a free consultation.