Damage to property is often in a Domestic context. Regardless of the context, and, depending on the history of the individual accused person, it is often possible to resolve this type of charge without having to go through trial – often times, these charges can be diverted or resolved by way of a discharge – resulting in no criminal conviction.

Domestic-related offences such as assault, mischief, harassment, and other domestic related offences are some of the most commonly occurring offences in our criminal justice system. There is a significant domestic policy that provides for the removal of anyone charged with domestic offences from the home. This can often cause huge hardships for families. There are many ways to expedite a return to the home. There are also many ways to resolve such cases without a criminal record.

There are many technical defences to a trespass to property charge. Depending on the history of the individual accused person, it is often possible to resolve this type of charge without having to go through trial – often times, these charges can be diverted or resolved by way of a discharge – resulting in no criminal conviction.

Our team has the knowledge and extensive trial experience to explain the details of your case and outline your options moving forward. What makes us different from most firms is that we are here when you need us 24 hours a day, 7 days a week. If you have questions about your assault case and want to know the best way to proceed, then contact us now for a free consultation. It is vital that you receive a full and frank review of your case as soon as possible.

Phone

Office: 519.932.1133
Fax: 519.963.0174
Cell: 519.851.6677

FAQ

FAQ: Mischief (Damage to Property)

Mischief may be prosecuted in one of two ways: by summary conviction or by indictment. Almost invariably, mischief will be prosecuted by summary conviction. However, where the mischief endangers life, it will be prosecuted by indictment. If convicted following a trial by summary conviction, you are liable to a fine of up to $2,000 or 18 months' imprisonment or both. Our office can help you understand the specifics of your case and the potential penalties you may be facing. Contact our office to schedule an appointment.
Taken from Section 430(1) of the Criminal Code of Canada
  • (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 in relation to data:

  • (1.1) Every one commits mischief who wilfully
    • (a) destroys or alters data;
    • (b) renders data meaningless, useless or ineffective;
    • (c) obstructs, interrupts or interferes with the lawful use of data; or
    • (d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.


Punishment

  • (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
Our office is mainly focused on cases in London, Ontario and surrounding areas, although in some circumstances we have taken on cases outside of this area. Ron Ellis Law has assisted clients from coast to coast - travelling to British Columbia, Halifax and the far north to defend clients. We have also assisted clients in the United States and Europe. We are willing to travel to assist you. We will also defend clients who are publicly funded through Legal Aid Ontario. If you're interested in obtaining legal counsel from Ron Ellis Law please call our office and set up an appointment so we can review the specifics of your case.

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