Mischief charge Calgary

Mischief Offences in Calgary

Generally, “Mischief” is any interference with the property of another person. There are two separate offences related to mischief: cases where the alleged damage caused is over $5000, and under $5000.

Mischief can be committed in several ways:

  1. By destroying property
  2. By altering property to make it dangerous, ineffective or useless
  3. By interrupting or interfering with another person using or enjoying that property
  4. By obstructing or interfering with anyone who is trying to use or enjoy that property

These acts must be done deliberately. For example, a person who unwittingly backs their vehicle over another person’s bicycle in a driveway would not be guilty of mischief, even though they destroyed property.

Common examples of mischief include: spray painting a building or house; smashing someone’s windows, and slashing someone’s tires.

It is important to know that even if you partly own the property that you ae alleged to have damaged, you can still be charged and convicted of mischief.

Damaging a church, mosque, synagogue or other place of worship is treated extremely seriously and can result in a jail term of up to 10 years! Contact us right away if it is alleged that you vandalized a place of religious worship.

Bail Conditions for Mischief Charge

You can expect to be placed on conditions that restrict you from:

  1. Contacting the owner of the damaged property
  2. Attending to the property where you caused the damage

These charges often arise out of conflicts between romantic partners, so these types of conditions can often impose a massive hardship on anyone accused of this crime.

Defending Mischief Charge

The prosecution may have difficulty proving one or more of the necessary elements of the charge. We will review the entirety of the police information package in detail along with your version of the incident, with special attention paid to the following important issues:

  • Can the Crown prove you caused the damage?
  • Can the Crown prove the damage was caused deliberately?
  • Can the Crown prove the value of the damage caused?

The Sentence

  • Mischief under $5000: The longest possible jail sentence is two years, and this can be accompanied by fines and probation.
    In addition, the Judge will order in almost every case that you pay the victim back for the damage you caused.
  • Mischief over $5000: can attract a period of incarceration of a maximum of ten years.

We can help you if it comes time to be sentenced for this charge. Depending on the circumstances of your case and your previous history, a wide range of options for resolution without trial may be available, including: out-of-court resolution; pleading guilty but avoiding a criminal record; and community service. Contact us right away, as certain steps must be taken as soon as possible to ensure the best result for your case.

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Property Crime Offences

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Unlawfully in a Dwelling House, Charges Withdraw

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charges Withdrawn

Airdrie Provincial Court
Case Number: 23500891

Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items.

Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt. We negotiated with the Crown and they withdrew all of the charges.

Successful Result: Charges Withdrawn

Theft Under $5,000, Charges Withdrawn

Canmore Provincial Court
Case Number: 22601571

Our client was charged with Theft Under $5000 after it was alleged that she had stolen money from her employer.

Once we were retained we sought disclosure and reviewed it with our client. We got our client into the Alternative Measures Program, and the charge was withdrawn upon completion of the program. As a result, our client does not have a criminal record and she was able to continue working abroad teaching English.

Successful Result: Charge Withdrawn, No Criminal Record

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.