Public Mischief Charges Lawyer in Brampton, Canada
Characters in television and film have a long history of making false accusations and lying to authorities during investigations, maybe to keep the authorities away from them or to defend someone they know. However, the effects of these activities are constantly overlooked. Deliberately deceiving law enforcement has massive repercussions. You could be charged with mischief or public mischief and sentenced to prison if found guilty.
Public mischief Charges, like any other criminal accusation in Brampton, Canada, should never be taken lightly and should always be handled by a lawyer.
What Is Public Mischief?
Public mischief is a significant criminal offence under section 140(1) of the Criminal Code of Canada, focusing on actions intended to mislead law enforcement authorities. The crime encompasses a range of deceptive activities, including:
1. False Accusations:
Making untrue statements that wrongfully accuse someone else of committing a crime.
2. Misdirection of Suspicion:
Engaging in activities aimed at making another person appear guilty of an offence they did not commit or shifting suspicion away from oneself.
3. Falsely Reporting Crimes:
Claiming a crime has occurred when it has not.
4. Faking Death:
Announcing or suggesting that one or another person has died when, in fact, they have not.
These actions are considered serious because they deliberately attempt to mislead legal authorities, such as the police, and can result in unnecessary investigation.
Penalties for Public Mischief Charges in Brampton, Canada
In Brampton, Canada, public mischief is considered a hybrid offence, giving the Crown the flexibility to prosecute either summarily or by indictment, with the chosen method significantly influencing the severity of potential penalties.
This offence involves actions that intentionally mislead law enforcement, such as falsely reporting crimes or accusing someone of a crime they did not commit.
The penalties for public mischief vary widely, from discharges (where guilt is found but no conviction is recorded) to fines, probation, or imprisonment for up to 5 years for indictable offences and up to 2 years for summary offences.
Key points regarding the punishment for public mischief include:
1. Hybrid Offence Nature:
Allows the Crown to decide on prosecuting summarily or by indictment.
2. Penalty Range:
From discharge to imprisonment, depending on the prosecution route.
3. Aggravating Factors:
Certain factors, such as committing the offence while out on bail, involvement with criminal organizations, using a prohibited firearm, or being a non-resident of Canada, may increase the likelihood of imprisonment.
4. Impact of Conviction:
Beyond immediate penalties, a conviction can affect employment opportunities, especially in sensitive sectors, and impede immigration and travel due to the criminal record.
5. Importance of Legal Representation:
Quality legal advice can significantly impact the outcome, potentially avoiding a criminal record or minimizing restrictions on liberty.
What the Crown has to Prove in Brampton, Canada
The Crown must prove several elements to secure a conviction for public mischief. It must clearly show:
- the accused’s actions or words were false;
- the accused meant to deceive;
- the accused reported a crime;
- and the accused’s actions or words prompted a peace officer to initiate or prolong an investigation.
Public Mischief Examples
Here are a few examples of what constitutes public mischief as a criminal offence:
- Ambulance request that was made incorrectly
- A false request for firefighters
- Erroneous allegations
- Domestic violence allegations that are false
- Assault charges that aren’t true
- False report of a missing person
- Robbery report that isn’t true
What Should You Do If You're Accused?
If you’ve been charged with public mischief or other charges like Robbery, Break and enter, Threats, Forgery, Fraud, Shoplifting, Theft, and Proceeds of crime, you should immediately speak with a Brampton criminal lawyer. This highly complicated charge will require the prosecution to prove many factors before you can be convicted.
An FMK Law Group criminal defense lawyer can inform you about your rights and examine the case against you. Your lawyer will work with you and explain the available defences by evaluating the case, circumstances, and relevant evidence.
Call FMK Law Group Today
If you have been charged with Mischief or Public Mischief in Brampton or the surrounding area, you need a lawyer experienced in defending these charges. The lawyers at FMK Law Group are passionate and experienced professionals who will fight for your rights and help you achieve the best possible outcome in your case.
Fadi Matthew Kazandji, a renowned Brampton criminal defence lawyer, excels in handling Public Mischief cases. With unparalleled expertise, he ensures the best legal representation and optimal outcomes for clients in Brampton facing such charges.
- Call us for a FREE Consultation
- (647) 588-3234