Point DutyTraffic Court Defence and Legal Services
Criminal Code s.430

Mischief charges in Ontario.

Damage to or interference with property — graffiti, vandalism, obstruction. Available defences turn on intent, ownership, and proportionality.

Charge
Criminal Code s.430
Jurisdiction
All of Ontario
Consultation
Free & Confidential
i.

What the charge means

Mischief under s.430 covers wilful destruction, damage, rendering useless, or obstruction of the lawful use of property. Mischief under $5,000 is the most common variant.

ii.

Penalties

Summary mischief under $5,000: up to 2 years less a day. Indictable forms carry significantly higher penalties depending on the value and target of the property.

iii.

Available defences

  • Colour of right
  • Accidental damage (no intent)
  • Consent of the owner
  • Charter — search and seizure
iv.

The process

Disclosure review, restitution discussions, Crown resolution, peace bond, or trial.

Charged with mischief?

Defence starts with a conversation.

Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.