MISCHIEF LAWYER IN EDMONTON
If you or your loved one faces criminal mischief charges, you will need the help of an experienced mischief lawyer in Edmonton to help you create a convincing defence to fight your charges. At Wyman & Williamson, we take pride in being the go-to law firm for Edmonton residents. Here’s what sets us apart from other law firms:
- WE HAVE EXTENSIVE EXPERIENCE IN HANDLING CRIMINAL MISCHIEF CASES
- ALL OUR MISCHIEF LAWYERS SERVE EDMONTON RESIDENTS AND ARE AVAILABLE ROUND-THE-CLOCK TO ASSIST YOU
- DESPITE BEING AMONG THE MOST REPUTABLE LAW FIRMS IN ALBERTA, WE CHARGE REASONABLE PRICES FOR OUR SERVICES
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WHAT IS CONSIDERED A MISCHIEF IN EDMONTON?
Mischief is unlawful interference with another person’s property. Mischief offences fall under two categories based on the cost of the damage: under $5,000 and over $5,000.
DEFINITION OF MISCHIEF UNDER THE CANADA CRIMINAL CODE
You can commit mischief in several ways, from destroying property to obstructing its lawful use. Under the Criminal Code of Canada, you can commit mischief if you:
- Wilfully damage or destroy property.
- Render property useless, dangerous, ineffective, or inoperative.
- Interrupt, interfere or obstruct the lawful use, operation, or enjoyment of property.
- Interrupt, interfere or obstruct any person in their lawful use, operation, or enjoyment of property.
The four methods of committing mischief outlined above are extremely broad.
Criminal mischief is a serious crime in Canada with hefty potential penalties. The potential consequences of a criminal mischief conviction include an adverse criminal record, probation, fines, community service and jail time. If you or a loved one is facing criminal charges, you should contact a mischief lawyer to help you fight the charges.
WHAT ARE THE COMMON TYPES OF MISCHIEF THAT INCLUDE PROPERTY DAMAGE?
The typical forms of criminal mischief involving property damage are:
- Slashing someone’s vehicle tires
- Smashing another person’s window
- Spray painting graffiti on a building
- All forms of vandalism
Certain actions could still be classified as vandalism even if they do not amount to property damage:
- Disturbing neighbours by playing extremely loud music at night
- Pulling a false fire alarm
- Remaining on someone’s property even after being requested to leave
Under certain circumstances, criminal mischief is considered a more serious offence that will attract harsher penalties. For example, you will face harsher penalties if mischief involves:
- A place of worship
- A community centre
- An educational institution
- A cultural property
- A war memorial
- A senior’s residence
In addition, the Criminal Code also requires that if mischief relates to testamentary instruments or computer data, you will face harsher penalties. If criminal mischief poses a danger to someone’s life, it could lead to life imprisonment.
When accused of mischief, most people claim that the interference or damage to property was not intentional. However, the prosecutor can still consider your actions intentional if it is evident that you acted carelessly despite being conscious of the inherent danger or risk. You need an experienced and firm mischief lawyer to defend your charges in court.
CRIMINAL MISCHIEF CHARGES LAWYER KNOWS HOW TO HELP
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WHAT IS NOT CONSIDERED AS A MISCHIEF?
Certain activities do not amount to mischief under the Criminal Code of Canada. For example, you can’t face mischief charges if you approach a residence or other property with the intent to communicate with the property owner or seek certain information. Therefore, if you just knock on someone’s door and communicate with the people inside, a mischief conviction is unlikely.
On the other hand, the law protects certain employee activities. For example, if you stop working because of an unresolved matter between you and the employer, you won’t face criminal mischief charges. Also, you will not face mischief charges if you stop working when taking part in union activities.
WHAT ARE THE PUNISHMENTS AND PENALTIES FOR THE MISCHIEF CONVICTION IN EDMONTON?
The likelihood of going to jail for your first conviction of mischief is low for mischief under $5000. However, the risk of serving time in jail increases if:
- You directed the mischief at certain locations like educational institutions, places of worship, community centres, and war memorials.
- The mischief involved certain types of properties like a testamentary instrument and computer data.
- Your mischief posed an actual danger to life.
- The value of the damage you caused is above $5,000.
- The mischief was a hate crime.
- You have prior mischief convictions.
The Crown will most likely recommend a jail term if any of the factors outlined above are present in your case. There is a wide range of potential penalties if you are found guilty of mischief since the exact penalty depends on the value of the property you destroy as well as other sentencing factors.
You could face a jail sentence of no more than two years if the property involved is less than $5,000. If the damaged property is worth more than $5,000, you will face a jail sentence of not more than ten years.
Other impacts of a mischief conviction include a tainted reputation, loss of trust among your loved ones, and a difficult time securing employment.
CRIMINAL MISCHIEF CHARGES LAWYER KNOWS HOW TO HELP
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CRIMINAL MISCHIEF CHARGES EDMONTON – (FAQs)
WHAT EVIDENCE MUST THE CROWN PROSECUTOR PROVIDE WHEN ACCUSING YOU OF MISCHIEF?
The Crown prosecutor must prove the following beyond a reasonable doubt in order to obtain a conviction:
- Some property was damaged
- You damaged the property
- The property did not belong to you
- You damaged the property wilfully or intentionally
- The prosecutor must also give an approximate value of the property you damaged
HOW ARE MISCHIEF CASES INVESTIGATED IN EDMONTON?
The investigation of a mischief case typically begins with the alleged victim contacting the Edmonton Police Service to report the mischief. The police may require a videotaped or written statement from the complainant or witnesses before commencing the investigation. The police will then embark on a thorough investigation to gather evidence to support the charge. The investigation process could include reviewing video surveillance, interviewing witnesses, photographing the crime scene, seizing any available evidence, and acquiring receipts of the damaged property.
After the police examine all the available evidence, they will arrest you if they believe that you perpetrated the crime. If you are not at the crime scene, the police may issue an arrest warrant or track you down.
After you are charged, the police will give a disclosure package to the prosecutor. A disclosure package contains all the evidence for your case. You have a right to access this package to know the evidence against you. When you retain a mischief lawyer in Edmonton, the lawyer will help you obtain the disclosure package, review it, and help you create the appropriate legal defence.
HOW CAN YOU GET YOURSELF OR A LOVED ONE OUT OF JAIL ON BAIL AFTER AN ARREST FOR MISCHIEF CHARGES IN EDMONTON?
The police can release you on a release order or at the scene if you have been charged with mischief in Edmonton. The police have the ability to release you directly from the station on either an Appearance Notice or an Undertaking. This document outlines your charges, the required court appearance (date and location) and fingerprinting dates. The document may also outline the conditions you must adhere to after your release.
Sometimes, a bail hearing is necessary before the police release you, usually if you have a prior criminal record. A bail hearing will also be necessary if the charges against you are more severe. The bail hearing is usually held within 24 hours from the time of your arrest.
When you are in detention, your loved ones may not manage to contact you. In addition, the police will not give your information to family or friends because of privacy laws. The only person allowed to contact you while in detention is your mischief lawyer in Edmonton. The police will avail your information to you after verifying the lawyer’s details.
During the bail hearing, the judge considers the following factors:
- Whether detention is necessary to ensure you attend the court sessions
- Whether your detention is necessary to ensure you don’t re-offend or pose risk to the public
- Whether your detention is necessary to maintain society’s confidence in the administration of justice
WHAT ARE THE COMMON RELEASE CONDITIONS FOR MISCHIEF CHARGES IN EDMONTON
After a release on bail, you will have to adhere to several conditions. For example, the court may prohibit you from:
- Interacting with the alleged victim (complaining witness)
- Leaving the house if you are on house arrest
- Going to the alleged victim’s house or workplace
- Being out of your home beyond a certain time (curfew)
- Using alcohol or drugs
- Breaking any law
- Visiting certain areas
- Possessing weapons
- Travelling
The judge could also impose additional conditions of release:
- Attending counselling
- Reporting to probation
- Residing only where you are approved
- Seeking and maintaining employment
HOW CAN YOU DEFEND MISCHIEF CHARGES IN EDMONTON?
Several defences are available for mischief charges depending on the specific facts of your case. Some of the defences your mischief lawyer Edmonton can employ to fight your charges include:
- Factual innocence
- A curfew and/or house arrest
- You had no intent to commit the crime
- Mistaken identity
- Colour of right
- Violation of your constitutional rights
- You were merely communicating or obtaining information
HOW A CRIMINAL MISCHIEF CHARGES LAWYER IN EDMONTON CAN HELP?
Wyman & Williamson – EXPERIENCED LEGAL TEAM IN ALBERTA
If you are accused of mischief, you should contact a mischief lawyer in Edmonton right away to create a plan of action to fight your charges. Our mischief lawyers serving Edmonton residents will assemble evidence, including documents, texts, and photographs, to support your defence. We will also gather evidence from witnesses to support your side of the story. Other defence strategies include identifying gaps in police actions, including violation of your constitutional rights. If your lawyer finds weaknesses or gaps in the Crown Prosecutor’s case, it will be challenging for the prosecution to prove the elements of the offence.
We understand the implications of a criminal record and the impacts it can have on your life. We can help you apply for a record suspension to have your conviction withdrawn from the criminal record database. At Wyman & Williamson, we have an experienced team of lawyers who can successfully defend your case in court.