Have you been charged with a Mischief Offence?
If you have been charged with Mischief, under the Criminal Code of Canada, section 430, you will need to hire a lawyer to defend your case and negotiate with the Crown Attorney in order to ensure your charge is defended and Withdrawn. Our criminal lawyers defend many clients who have been charged as a result of an incident relating to Mischief, such as damage to property (i.e. broken or smashed car windows, spray painting buildings, school damage, defacing property, and more), which the Criminal Code outlines: "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 can even be in relation to computer data damage: "(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." The police will interview you and you will be taken into an audio and video taped room at the police station. The interviewing officer has duties to inform you of certain things such as: (i) you are entitled to speak to a lawyer immediately; (ii) you do not have to provide any statement; (iii) if you are a youth, you are entitled to have your parent or an adult in the interview with you; and many more other rights that you are entitled to. We always inform our clients that any statements made by you will be used against you and will mostly never get you out of being charged with the offence. The police will lay a charge where you will have a first court date in the Ontario Court of Justice. It is recommended that you hire a lawyer prior to your first court date, in order to ensure that your rights are protected from the start. The Maximum Sentence for a Mischief Charge, if the Crown elects Summarily (less serious) is 6-months jail or a $5000 Fine. If the Crown elects Indictable, the maximum sentence is 10 years jail if it relates to testamentary data, or 2 years if other. There are several factors that go into the defence of a Mischief charge, and our criminal lawyers attend court on your behalf without you having to miss work or school. Our criminal lawyers are very discrete, and will ensure that your charges are kept to the standard of confidentiality, as we do for all our clients. We will provide you with a free, telephone, case evauation consultation, and discuss the merits of your case. If you have been charged with a serious offence like Mischief offence, you must contact an experienced criminal lawyer without delay. We offer free consultations, so do not hesitate to call our office and speak to a criminal lawyer immediately.
At Scardicchio Law Office Professional Corporation, our Criminal Lawyers have the skills and knowledge to help you defend a Mischief or shoplifting charge. We regularly appear for our clients defending Mischief and Mischief charges in the courts, such as Brampton, Milton, Newmarket and Toronto. When you retain our office, you are hiring competent lawyers who will give you the time to explain your side of the story. We will review whether there are any defences to your charge in law. We will also review your disclosure once you have retained us and we will determine many other factors in order to defend your case, and have your charge withdrawn. There are many factors that the Crown must prove in a mischief case and we can evaluate your disclosure to begin our defence immediately. Our goal is to have your theft charge withdrawn. Our Criminal Lawyers will successfully defend your case in the courts. If you would like to discuss your criminal charge of Mischief, then please contact us at (647) 607-7529 and speak to a Criminal Lawyer immediately in a free, no-obligation telephone consultation. We want to help you through this difficult time, and our primary focus above all is to have your Mischief charge withdrawn in order to ensure that you do not receive a criminal record.
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