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Payam Javadi

Payam Javadi

An experienced professional dealing with Mischief cases


Section 430(4) of the Criminal Code (CC)

In Canada, Mischief under $5000 can be classified as either a summary or indictable offence. Summary offences are less serious (our office can will handle for you) than indictable offences. Indictable offences carry the potential of longer prison sentences and are more likely to effect the immigration process (or travel to the US). Which you will need the help of our unaffiliated Law Office of Top Law Firm.

Penalties for Mischief Charges:

Mischief by Indictable

If the Crown proceeds to elect by way of indictment, the maximum potential prison sentence is two years unless the property damaged or destroyed is deemed to be of a cultural/religious nature or computer data. In this case, the offender could also be sentenced to period of probation for a maximum of three years upon conviction.

In mischief cases relating to the destruction of property that is deemed to be cultural, religious, or data (computer), the Crown may seek a maximum sentence of 10 years in prison upon conviction. This longer sentence is to deter crimes of hate and computer data destruction mischief cases where the value of damage lost can be tremendous or irreplaceable.

Mischief by Summary Conviction

If the Crown elects to proceed summarily, the accused faces a maximum possible jail term of six months. The Crown also has six months to charge the accused after the offence is alleged to have occurred. In most cases of mischief under $5000, the Crown will elect to proceed summarily. It is important to note that jail terms are rare for first time offenders in mischief under $5000 cases. The more realistic risk for an accused is receiving a criminal record and probationary sentence

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