Specialized Legal Defence for Domestic Mischief Cases

At Mor Fisher LLP, we offer expert legal defence for individuals facing charges of domestic mischief. Recognizing the unique challenges and sensitivities of these cases, our legal team is dedicated to providing a thorough and compassionate defence for our clients.

Understanding Domestic Mischief

Domestic mischief involves the willful destruction or damage of property within a domestic setting. It’s a specific form of mischief that acknowledges the unique context and potential impact of such actions in a domestic environment.

Key Aspects of Domestic Mischief:

• Property Damage: The intentional destruction or damage of property not solely owned by the accused person.
• Domestic Context: The offence occurs within the setting of a domestic relationship, adding layers of complexity and sensitivity to the case.
• The Complainant Is Not In Control: The most common question we get is: “can’t she just drop the charges?” The answer, unfortunately is no. In Canada, unlike in the United States, it is the government that lays and drops charges, not a person. As a result, even when the complainant is “off-side” the prosecution, this is no guarantee that the Crown will drop the charges.

Legal Implications and Penalties

Domestic mischief is treated seriously under Canadian law, with penalties varying based on the severity of the offence and the value of the damaged property:

• Mischief Under $5,000: Often treated as a summary conviction offence, leading to potential fines and imprisonment.
• Mischief Over $5,000: More severe cases can result in more significant penalties, including longer terms of imprisonment.
• Aggravating Factors: The domestic context is a statutoriliy aggravating factor, potentially leading to harsher sentences or approaches by the Crown.

Our Approach to Your Defence

Our defence strategy is multifaceted, focusing on:

• Thorough Case Analysis: We examine all details of the alleged offence, considering both legal and personal factors that we can bring to the Crown’s or court’s attention.
• Evidence Evaluation: We scrutinize the evidence for accuracy and validity, challenging any weaknesses in the Crown’s case. For example
• Negotiation and Advocacy: We negotiate for reduced charges or alternative resolutions and advocate vigorously for our clients’ rights in court. Mischief charges, even in the domestic context, may sometimes qualify for the Direct Accountability Program (“diversion”) with the proper advocacy and approach.

Consult with Our Experts

If you are facing domestic mischief charges, it’s essential to have legal representation that understands the nuances of these cases. Contact Mor Fisher LLP for a confidential consultation to discuss your situation and explore your legal options.