Vandalism Lawyer North York

Vandalism refers to deliberately or recklessly damaging someone else’s property, and Ontario takes the criminal charge very seriously. If you are facing a vandalism charge, proceeding with skilled legal guidance in your corner is advised, and an experienced Vandalism lawyer in North York is standing by to help. 

There are no specific vandalism laws in Canada. Instead, Ontario has mischief charges on the books, but the effects are the same. Illegal mischief can apply to all the following acts against another person’s property.

• An act that destroys or damages property 
• An act that renders property dangerous, useless, inoperative, or ineffective
• An act that obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of property or that obstructs, interrupts, or interferes with any person who is engaged in the lawful use, enjoyment, or operation of property

Vandalism can take many forms, and some of the most common include the following:

• Tagging and painting property, which includes spray painting graffiti
• Damaging vehicles, such as by keying them or otherwise damaging their paint, slashing their tires, breaking their windows, and beyond
• Damaging property in a nightclub or bar, such as by breaking a door or window
• Engaging in mischief related to domestic charges
• Engaging in alcohol related mischief
• Damaging TTC property
• Engaging in mischief related to computer data

If you intentionally damage someone else’s property, it’s likely to qualify as vandalism.

The crime of vandalism is a hybrid offence, which means it lands somewhere between summary convictions and indictable offences. 

Summary convictions – or what many people refer to as petty crimes –apply to lesser vandalism charges, which generally carry smaller fines, probation or prohibition orders, and shorter jail sentences. While summary convictions are less serious, being found guilty translates to a criminal record, which comes with serious consequences that can directly affect your future.

Indictable offences are more serious criminal offences, and if the police have reasonable grounds to believe you’ve committed an indictable offence or are about to – such as certain vandalism charges – you’ll be arrested and will need to appear in court. The fines and prison sentences associated with indictable offences are considerably harsher than they are for summary convictions. 

If you’re facing a vandalism charge, it’s up to the prosecution to determine whether the criminal offence will be charged as a summary conviction or an indictable offence. And their decision will be guided by the extent of the damage caused. 

It’s important to note here that, if the charge involves putting someone else in actual danger or causing them to be injured, it becomes much more serious.

The penalties for vandalism charges depend on the degree of criminal mischief involved. If the amount of property damaged exceeds $5,000, it can land you in prison for a maximum penalty of up to 10 years. If, on the other hand, you’re charged with mischief that causes less than $5,000 in damages – and it is charged as a summary conviction – you can face up to two years in jail. 

There are also fines that you’ll need to address, and there is the possibility that restitution will be ordered. Restitution orders require those convicted to cover their victims’ financial losses. 

If you’re facing a vandalism charge, one of the most important steps you can take in defense of your rights and pursuit of a favorable case resolution is working closely with an experienced vandalism lawyer in North York from the start. Your lawyer will ably handle all the following primary tasks:

• Assessing all the available evidence, including evidence that supports your innocence
• Skillfully building a solid defence that is difficult for the prosecution to challenge
• Guiding you through the legal process – helping to ensure that you avoid the legal traps too many defendants fall victim to 
• Negotiating a beneficial plea deal 
• Taking your case to trial – when it’s considered the best path forward – and effectively demonstrating that there is reasonable doubt regarding your guilt

Your lawyer’s ultimate goal is having the charge against you thrown out. Barring this, however, there are other paths forward that can prove highly effective.

While your vandalism case will be specific to the circumstances involved, the following kinds of defence strategies are often used to excellent effect:

• A mistake of fact, which means that, while you may have committed the vandalism in question, you did so in response to a mistaken belief, such as that the property you damaged was your own
• A mistake of identity, which means they have the wrong person
• Circumstances that mitigate the seriousness of the charge against you 

Don’t wait to reach out to a trusted vandalism lawyer in North York.

If you’ve been charged with vandalism, you need professional legal guidance backing you up and the sooner you secure a dedicated North York vandalism lawyer, the better protected your rights will be. A conviction can negatively affect your future in ways you may not have even considered, but having legal counsel on your side can make a serious difference in the outcome of your case.