1 mischief and 1 assault charge

Car almost hit me as it did not stop at intersect in parking lot, while I was riding bike along main path. A few seconds later I pulled a small piece of rock from bag and threw it, damaged car side. Driver followed me in car and pulled me back while I was riding, hurting my groin area. Driver complained that I damaged his car. I checked and see a small dent size of golf ball. He called police, I agreed to wait 10mins. 10mins over, I picked up bike to leave but driver grabbed my bike handle and would not let go. I pleaded many times and after 2 mins I asked kindly one last time before pulling out my dog pepper spray and spray at driver near eyes. He finally let go of bike and I sped away. A week later I was charged with mischief and assault by police. If you can provide any advice, that would help. Thank you.


Asked about 1 year ago in Ontario
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

The offence of mischief is involves the wilfull damaging of another person's property:

https://toronto-criminallawyer.ca/mischief-under-over-5000-lawyer-in-toronto/

The offence of assault involves intentional physical contact made with another person without their consent:

https://toronto-criminallawyer.ca/assault-lawyer-in-toronto/

Mischief is considered a low-level property crime, and is not your biggest concern.  It is the fact that the mischief is combined with an alleged crime of violence that will increase the stakes somewhat. That said, if you have no prior criminal history, and if you were injured in the altercation, you may be able to gain the sympathy of a Crown Attorney who might consider a resolution that does not involve you pleading guilty to a crime (and perhaps, a peace bond).

________________
Andrew Captan
Toronto Criminal Lawyer
www.toronto-criminallawyer.ca
andre@captanlaw.com

Posted about 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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