Charged With Mischief: What It Means

Mischief under section 430 of the Criminal Code includes wilfully destroying or damaging property, making it dangerous, useless or ineffective, or interfering with someone's lawful use or enjoyment of property.

Common situations

• Damage during an argument, such as a broken door or phone
• Graffiti or vandalism
• Damage to a former partner's or roommate's property
• Interfering with access to a building or property

Mischief "under $5,000" and "over $5,000"

The value of the property affects how serious the charge is. The Crown can often choose to proceed summarily (less serious) or by indictment.

Possible outcomes

• Withdrawal, sometimes after a peace bond or paying for the damage (restitution)
• Diversion, for some first-time cases
• Discharge (absolute or conditional): a finding of guilt without a conviction
• Conviction and sentence, in more serious cases

What to do now

1. Follow every release condition, such as no contact with the complainant.
2. Don't discuss the case with the complainant.
3. Get legal advice before your first appearance.

Who can help

Whether a paralegal can act depends on the charge and how the Crown proceeds. NEO can tell you, and refer you to a criminal lawyer if needed.

Sources

• Criminal Code, s. 430
• Legal Aid Ontario: criminal law

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: A polished wooden judge gavel centered against a dark background · a courtroom with a large wooden bench.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.