Yes, you can go to jail for destruction of property. In the Criminal Code, destruction of property is referred to as mischief to property. The sentencing for mischief to property proceeds as follows: summary dispositions: minimum:none, maximum: 2 years less a day and/or $5000 fine. Indictable dispositions: minimum:none, maximum: 2 years incarceration, 10 years incarceration, life (endangering life)
Factors That Affect Sentencing
All plea-bargains or cooperation with the prosecutor
Refers to whether the defendant has entered into a plea agreement with the prosecution in exchange for a reduced sentence, or has provided information or assistance to the authorities during the investigation or prosecution of the case.
Mitigating circumstances, such as duress or necessity - Mitigating factors
Refers to circumstances that may reduce the defendant’s responsibility or moral culpability for the offence, such as acting under duress or coercion, or because it was necessary to prevent greater harm.
Aggravators or mitigators presented by the prosecutor or the defender.
Refers to the evidence or arguments presented by both the prosecution and the defence that may affect the sentence. For example, evidence of the defendant’s previous bad acts or mitigating circumstances such as mental illness or addiction.
Military or public service history of the defendant
Indicates military service, public service or other accomplishments which could affect the conviction.
Relevant legislation, policy and case law in the jurisdiction
For example, mandatory minimums, sentencing guidelines, or prevailing community attitudes towards punishing.
Defendant's co-operation with authorities
The extent to which the defendant has cooperated with law enforcement and other authorities in the investigation and prosecution of their own case may be a factor in sentencing. Cooperation may demonstrate acceptance of responsibility and may be considered by the court as a mitigating factor.
Age and physical/mental health of the defendant
Age and any physical or mental health problems may play a role in a court deciding on a suitable sentence, e.g. a lesser sentence may apply to a person who is elderly or has a serious health problem.
Role of the defendant in the crime
Sentencing may be harsher than that of accomplices or those who played minor roles.
The defendant's financial resources and ability to pay penalties
A defendant’s financial resources and ability to pay fines or other financial penalties may be considered in determining an appropriate sentence. The court may consider a defendant’s ability to pay restitution to the victim or victims and/or fines to the state.
Deterrent effect on the accused and others
Sentencing can be influenced by the aim to deter the defendant and others from committing similar crimes in the future. A harsh sentence may act as a deterrent, whereas a more lenient sentence may not have the same effect.
Public Safety and Protection
The safety and protection of the public is a key consideration in sentencing. A sentence may be tougher for an offender who poses a significant threat to public safety in order to prevent them from committing further offences.
Defendant's rehabilitation potential
The defendant’s potential for rehabilitation, or ability to be successfully treated or trained so as not to offend again, may be taken into account in determining the appropriate sentence.
Sentencing guidelines and mandatory minimum sentences in your country
Sentencing guidelines and mandatory minimum sentences set by state or federal law may be a factor in determining a sentence. The court must follow these guidelines and mandatory minimum sentences, though it may have some discretion in certain cases.
Aggravating or mitigating circumstances provided for by law
Aggravation is a factor in the offense or conduct which increases the penalty, whereas mitigation is a factor which reduces the penalty.
Punishment views of the community and the judiciary
The views of the community and the judiciary on the appropriate punishment for a particular offence can be a factor in the determination of a sentence Public opinion and the views of the judge or sentencing panel can influence the perceived severity of a particular sentence.
Cooperation of the Defendant with Authorities
The extent to which the accused assisted law enforcement or other authorities to investigate or prosecute the crime may be taken into account as a sentencing factor.
Age and mental and physical health of the accused
The age and mental and physical health of the accused may be relevant in determining the sentence, as these factors may affect the accused’s ability to understand the consequences of his or her actions and the potential for rehabilitation.
Role of accused in crime
The defendant’s role in committing the offence may also be considered, with those who played a leading or more active role often receiving heavier sentences.
Nature and circumstances
This factor refers to the specific details and events surrounding the offence that was committed, including the method used and any aggravating or mitigating circumstances that may apply.
The defendant's criminal history
This factor considers the previous criminal history of the accused, including any previous convictions, and the history of the previous sentences.
Defendant's character and history
This takes into account all aspects of an accused person, including education, employment, family circumstances and any history of drug or alcohol abuse.
Remorse or lack of remorse by the accused
This factor takes into account the defendant’s demonstration of remorse for the offence committed, including any apology or expression of regret.
Effects of the offence on the victim(s)
This factor assesses the physical, emotional and financial harm suffered by the victims/s by the crime and how the crime impacted on the victims/s life.
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Been Arrested or Charged with A Criminal Offence? Get Help Now!
If you have been arrested or need assistance with a criminal matter, contact me to discuss your case.
Jeffrey I Reisman
Criminal Defence Lawyer
1000 Finch Ave. West, Suite 705 A
Toronto, ON M3J 2V5
Phone: 647-370-4282
Email: jeffreyireisman@gmail.com
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