FIRST OFFENDER? DEFEND MISCHIEF CHARGES IN WINDSOR.  1-866-DEFENCE.

Donich Law is a criminal, regulatory, and civil law firm based out of Toronto. We service clients charged with an array of criminal offences in the GTA and throughout Ontario, including Windsor. Our team has experience defending various mischief offences including mischief occurring in domestic situations.

In 2018, the Firm represented an individual charged with arson – disregard for human life in R. v. A.T [2018]. The client was accused of setting fire to an apartment building, causing roughly $100,000 in damage. An extensive investigation was launched by the Toronto Police Service and Toronto Fire Marshall. The Firm successfully defended the allegations by challenging the Fire Marshall’s opinion on the origin of the fire.

In 2017, the Firm represented Crane Girl, securing her judicial interim release from police custody. The woman was arrested and charged with mischief after climbing to the top of a large construction crane and becoming stuck, requiring Toronto Fire to rescue her. The dangerous rescue caused the construction site to be shut down for several hours and attracted widespread media coverage.

In 2017, the Firm represented a client charged with mischief in R. v. A.W. [2017]. The client was alleged to have discharged a fire extinguisher and pulled the fire alarm inside a Toronto condo, costing approximately $5,000 in Toronto Fire services. After Crown negotiations, the Firm was able to secure a withdrawal of the charge.

In 2015, the Firm successfully represented an individual charged with mischief in R. v. K.C. [2015] after the client allegedly intentionally clogged a toilet inside a Toronto police station. Later in 2015, the Firm represented an individual accused of pouring water onto slot machines to damage them in R. v. C.M. [2015]. After Crown negotiations, the Firm was able to secure the withdrawal of the charge.

In 2014, the Firm represented an individual charged with mischief after running naked onto the field during a Blue Jay’s game in R. v. M.S. [2014]. The Firm was able to negotiate with the Crown to secure a withdrawal of the charge.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

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Frequently Asked Questions

How to Protect my Rights if I have been Charged with Mischief in Windsor?
What will happen if I am Charged with Mischief in Windsor?
Sentencing for Mischief Offences in Windsor

Additional Resources

Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

How to Protect my Rights if I have been Charged with Mischief in Windsor?

If you have been charged with mischief in Windsor it is important to protect your rights from the very beginning of the case. The most effective way to protect your rights is to know your rights. Experienced legal counsel can help you understand your rights throughout the process and ensure you are protected.

In many cases, before or after you are charged the police will ask you to provide a statement. Some people may feel pressured or obligated to make a statement to police, however everyone has the right to remain silent. An individual under investigation for a criminal offence or under arrest for a criminal offence is under no obligation to provide police with a statement.

It is important to be aware that any and all information provided to police in the course of their investigation will be provided to the Crown for the purposes of prosecuting the accused. Evidence collected by police is assembled into a package known as disclosure. The disclosure package is then used by the Crown to create a case against the accused.

Experienced legal counsel will be able to provide an accused person with legal advice throughout the prosecution process to ensure their rights are protected. Counsel can also ensure the accused person does not make any decisions in the case that will hurt them later.

What will happen if I am Charged with Mischief in Windsor?

Mischief offences are quite common in Windsor and throughout Ontario. An individual may be charged with mischief for causing damage to property belonging to someone else or for interfering with the use of another person’s property.

Generally, once an individual is arrested and charged with mischief, they will be brought to the police station and processed. The arresting officers will then determine whether the accused will be released directly from the station or if they will be held for bail.

If an accused person is held for bail, they will be brought in front of the court within twenty-four hours of their arrest. The court will then approve an appropriate release plan for the accused or, in rare cases, deny bail and hold the accused in custody pending resolution of the case.

Once released, the accused will be provided with their first appearance court date. The first step in any criminal case is to receive and review full disclosure from the Crown. Disclosure is all the evidence the Crown has collected to be used against the accused. Legally, the Crown must provide all this information to the defendant.

Once the accused has received and reviewed full disclosure, a pre-trial can be set to discuss the case with the assigned Crown. This is the accused’s chance to negotiate with the Crown. It is recommended that individual accused of criminal mischief in Windsor retain legal counsel prior to this stage of the case. Experienced legal counsel can negotiate with the Crown on your behalf to ensure your rights are protected throughout the process.

Sentencing for Mischief Offences in Windsor

The sentences for those convicted of mischief offences can vary significantly from one individual to the next. This is due to the broad definition of mischief provided in the Criminal Code. The Code outlines various mischief offences and their respective penalties including mischief under $5,000, mischief over $5,000, mischief in relation to cultural property, mischief in relation to computer data, mischief endangering life, mischief in relation to religious property or educational institutions, and mischief in relation to war memorials. Depending on which offence the individual is charged with, different maximum penalties will apply.

Where the Crown proceeds summarily with any mischief offence, the maximum penalty will be two years less day imprisonment and/or up to a $5,000 fine. Where the Crown proceeds by indictment, maximum penalties range from ten years in prison to life in prison.

If you have been charged with a mischief offence in Windsor it is important to hire experienced legal counsel to represent you and protect your rights. Donich Law has experience defending a wide variety of mischief offences and regularly obtains favourable results for our clients.

Quick Facts

Can I be Charged with Mischief for Damaging my own Property?

Yes. If the property is co-owned with another party, either individual who damages it may be charged with mischief. For example, if a married individual intentionally damages their matrimonial home, they may be charged with mischief because the home is also owned by their spouse.

What if I caused Damage Accidentally?

If the accused individual had no intention of damaging property and the incident was genuinely accidental, the individual will not be convicted of mischief.

What if I only Intended to cause a Small Amount of Damage?

If an individual intends to cause damage and succeeds, it is not relevant how much damage they intended to cause. In this situation the individual will be responsible for all the damage that is caused.

What if I was Intoxicated when I Committed Mischief?

In the vast majority of cases, it is not relevant that the accused was intoxicated at the time they committed mischief. As long as the Crown can prove that the accused individual intended to cause damage or interfere with property unlawfully, they will be guilty of mischief.

Will I go to Jail for Mischief?

Whether or not an individual will be sentenced to a period of incarceration for a mischief offence will depend largely on the specific mischief offence charged. For example, an individual charged with mischief endangering life is much more likely to go to prison than an individual convicted of mischief in relation to property under $5,000.

What is the Maximum Penalty for Mischief Endangering Life?

Mischief endangering life is one of the most serious mischief offences listed in the Criminal Code. The maximum penalty for those convicted of mischief endangering life is life imprisonment.

Is the Value of Damage Relevant in a Mischief case?

Yes. The offence of mischief in relation to property is categorized into mischief under $5,000 and mischief over $5,000. The penalties for those convicted of mischief over $5,000 are greater than the penalties for those convicted of mischief under $5,000.