Is Vandalism A Criminal Offence?
Vandalism is a criminal act in Canada, but it is not labeled as such. Rather, it is captured under the offence of Mischief. Under the Criminal Code of Canada, everyone who willfully destroys or damages property is guilty of mischief.
Is Throwing Rocks at Cars Criminal Mischief?
Throwing rocks at cars would fall under the criminal offence of mischief in Canada if it caused damage to the vehicle. If no damage whatsoever is caused, there would be no criminal offence. However, any damage to the vehicle, however slight, would bring it under the ambit of criminal Mischief.
What are the Criminal Consequences of Mischief?
The consequences of mischief can vary greatly depending on the circumstances. An important factor will be the damage caused to the property in question. If less than $5,000 in damages are caused, the maximum sentence will be two years imprisonment. However, if over $5,000 in damages are caused, the maximum sentence Is ten years imprisonment.
This makes vehicular vandalism particularly risky. Cars are expensive to purchase and expensive to maintain. It is possible that, by throwing rocks at a vehicle, you could cause more than $5,000 in damages, thereby attracting more serious punishment than other acts of petty vandalism.
What to do if you are Charged with Mischief
If you have been charged with Mischief, you should ensure you avoid talking to the police before speaking with a lawyer. Utilize your constitutional right to remain silent if you are arrested, even if you are innocent, as you may accidentally say something that hurts your case. Regardless of the value of the subject matter of the mischief you have been charged with, mischief is a criminal offence, and serious consequences flow from a conviction.
As such, it is imperative that you contact a defence attorney as soon as possible so that they can help you navigate the criminal justice system and obtain the best possible outcome. Our lawyers at Collett Read LLP are experienced in dealing with mischief charges and are well equipped to defend you. Call today at (905) 541-2228 or complete the form on our website for a free consultation with a lawyer.