Public Mischief

Public Mischief 2018-02-01T20:13:26+00:00

Public Mischief Offences in Calgary

Public Mischief Offences in CalgaryIn general terms, “public mischief” is causing the law enforcement to embark on an investigation by knowingly providing false information.

There are 4 public mischief offences recognized by the Criminal Code:

  • Making a false statement in which you accuse another person of committing a crime
  • Doing anything with the intent that someone else will be wrongly suspected of having committed a crime, or intended to divert suspicion from yourself
  • Falsely claiming that a crime has been committed
  • Falsely reporting your own death or someone else’s death

Before you can be convicted of any of the above offences, it must also be shown that

  1. You did the act with the intent to mislead
  2. Your act caused a peace officer to enter on, or continue, an investigation

Law enforcement resources are considered a scarce and precious resource in Canadian society, and this offence aims to punish those who would abuse it for their own illegitimate motives.

This offence is also intended to deter people from making false complaints against innocent people as leverage in other proceedings. One example would be that of a divorcing couple, in which one partner falsely accuses the other of sexual assault or child abuse on hopes of gaining leverage in divorce or family court proceedings.

Bail Conditions for Public Mischief

This charge is an allegation that you lied to those responsible for the administration of justice. This means the police, prosecutor, or judge may be reluctant to believe anything you have to say when it comes to securing your release while your case proceeds through the system.

Defending Public Mischief Charge

This charge is complex, and requires the prosecution to prove many different pieces before you can be convicted. We conduct a thorough review of all the evidence the police have against you, and, together with you, may focus our analysis on any of these potential defences:

  • Can the prosecution prove that you made the statement?
  • Did you believe the statement was true at the time?
  • Did the statement actually cause a peace officer to start or continue an investigation?
  • Did you actually intend to mislead a peace officer by making the statement?

The Sentence

Public mischief is punishable by up to five years incarceration. We will make a through, persuasive and honest presentation to the Judge in your case to ensure that any sentence you receive is no harsher than what is absolutely necessary.

Based on the facts of your case and your personal circumstances, we may be able to negotiate a plea bargain to a non-criminal charge, or convince the prosecutor to let you enter into a diversion program that would ultimately see the charge withdrawn.

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I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
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22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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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.

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