Navigating Property Offence Charges in Winnipeg

Property Crime Lawyers: Legal Representation in Winnipeg

Property offences can include many different criminal charges, including unlawful possession of property, trespassing, mischief, vandalism, and more. Since crimes like these tend to make a community feel less safe, the prosecution takes these offences seriously.

A criminal offence conviction, even for a shoplifting offence, can lead to long-term consequences, including a criminal record that may affect employment opportunities, travel, and personal reputation. Therefore, it is important for anyone accused of a property offence to seek a property crime lawyer to navigate the case successfully.

What are common property offence charges?

Property criminal offences: Unlawful possession of the property

This property offence consists of two parts:

• A person charged with this offence must have the property that was (or was partly) gained by theft, fraud, or any other crime; and
• The person must have known that the property was stolen or gained by fraud.

Property offences: Trespassing

Trespassing refers to unauthorized and illegal entry into private or public property. However, trespassing can extend into two other types: trespass to the person and trespass to moveable property. Typically, trespassing charges are considered misdemeanours, but being found guilty of trespassing can result in fines and potential jail time.

Property offences: Mischief

Like other property offences, mischief is considered a serious crime. A mischief charge covers a wide variety of actions, such as destroying property, obstructing the law, the operation of the property, or rendering property dangerous or inoperable.

Mischief is a hybrid offence: an individual can be charged with either a summary offence, which is a minor crime, or an indictable offence which is a major crime.

Property offences: Vandalism

Vandalism occurs when an individual destroys or defaces another individual’s property without permission. Common acts of vandalism can include, but are not limited to:

• Spray painting another person’s property with the purpose of defacing;
• Keying (or scratching) paint off a vehicle;
• Breaking someone’s windows;
• Defacing public property with graffiti and other forms of “art”;
• Slashing someone’s tires;
• Altering or knocking down street signs;
• Kicking and damaging someone’s property with your hands or feet; and
• Damage or destruction of a person’s website.

In addition, an individual who possesses a tool to commit vandalism or other substance may also face vandalism charges in some circumstances.

Each person deserves proper representation in the courtroom. If you or someone you know has been charged with a property offence, seek legal guidance with Pollock & Company’s criminal defence lawyers. We are ready to listen and help you through the legal process. Contact us now for an initial consultation.

What is the charge for damaging someone’s car?

In Manitoba, intentionally damaging someone else’s car is classified as “mischief” under Section 430 of the Criminal Code of Canada. This offense involves intentionally destroying or damaging property without the owner’s consent. The severity of the charge depends on the extent of the damage:

• Mischief causing damage under $5,000: This is considered a less severe offense, but it can still result in criminal penalties.
• Mischief causing damage over $5,000: This is treated as a more serious offense, carrying heavier penalties.

Penalties for mischief can include fines, restitution (compensating the victim for repairs), probation, and potential imprisonment, depending on the case’s specifics and the individual’s criminal history.

It’s important to note that even minor acts, such as keying a car or breaking a window, can lead to mischief charges. Therefore, anyone accused of such an offense should seek legal counsel to navigate the legal process effectively.

Can you go to jail for damaging someone’s car in Manitoba?

Yes, you can go to jail for damaging someone’s car in Manitoba (Section 430 of the Criminal Code of Canada).

Can someone be trespassed from public property?

Yes, a person can be trespassed under certain circumstances. While public property is generally accessible to everyone, laws such as the Petty Trespasses Act (Manitoba) and the Criminal Code of Canada allow authorities to remove individuals who are engaging in unlawful or disruptive behavior.

Situations Where Someone Can Be Trespassed from Public Property:

• Disruptive or Illegal Activity. If a person is causing a disturbance, committing a crime, or engaging in behavior that threatens public safety.
• Trespass Orders by Authorities. Police or security personnel can issue verbal or written trespass notices restricting access to certain public spaces.
• Banned from Government Buildings. Individuals can be prohibited from entering government offices, public libraries, schools, or other municipal buildings if they pose a security risk or violate conduct policies.
• Private Property on Public Land – Some public areas, such as malls, transit stations, or stadiums, are privately managed, meaning owners can enforce their own trespassing rules.

If someone is found violating a trespass order, they could face fines, removal by law enforcement, or even criminal charges for mischief or failure to comply with an order.

Is it trespassing to knock on someone’s door?

No, simply knocking on someone’s door is not considered trespassing under normal circumstances. However, trespassing laws may apply if certain conditions are met.

When Knocking on a Door is Not Trespassing:

✅ Legitimate Purpose – Knocking on a door to visit, deliver mail/packages, sell something (within legal guidelines), or seek assistance is generally allowed.
✅ Implied Permission – Most homes have an implied invitation for visitors to approach the front door unless otherwise stated.

When Knocking on a Door May Be Considered Trespassing:

❌ No Trespassing Signs – If a property has a posted “No Trespassing” sign, entering the property (even to knock) could be unlawful.
❌ Being Told to Leave – If the homeowner asks you to leave and you refuse, it becomes trespassing.
❌ Repeated or Harassing Behavior – Repeatedly knocking, disturbing the resident, or refusing to leave could lead to criminal charges like mischief or harassment.
❌ Entering Gated or Restricted Property – Going past locked gates, fenced yards, or restricted areas without permission can be trespassing.

In general, casually knocking on a door is legal, but persisting after being asked to leave or ignoring signs could result in legal consequences under The Petty Trespasses Act (Manitoba) or criminal laws for harassment or mischief.

Is trespassing a civil or criminal offense?

Trespassing can be both a civil and a criminal offense, depending on the circumstances.

Civil Trespassing

• Definition: Entering or remaining on someone’s property without permission, causing no serious harm or criminal intent.
• Legal Consequences: The property owner can sue for damages or seek an injunction to prevent further trespassing.
• Example: Someone cutting across a private yard despite “No Trespassing” signs.

Criminal Trespassing

• Definition: Trespassing that involves intent to commit a crime, refusing to leave after being asked, or entering restricted areas.
• Legal Consequences: Can result in fines, probation, or even jail time under laws like The Petty Trespasses Act (Manitoba) or the Criminal Code of Canada (e.g., break and enter).
• Example: Entering private property after being warned, breaking into a locked area, or trespassing with intent to steal or vandalize.

In Manitoba and Canada, most simple trespassing cases fall under civil law, but they can become criminal if they involve refusal to leave, intent to commit a crime, or damage to property.

How much is a trespassing fine?

The maximum penalty for such an offence in Manitoba is a fine of up to $5,000.

How serious is a trespassing charge?

A trespassing charge can range from a minor infraction to a more serious offence, depending on the circumstances surrounding the incident. In most cases, trespassing is considered a relatively low-level offence, but it can still have serious consequences.

• Minor Trespassing: In cases where the individual simply enters someone else’s property without permission, it is usually considered a summary offence and may result in a fine or a warning. For example, entering a yard without permission or knocking on someone’s door without authorization typically results in minimal legal consequences.
• Aggravated Trespassing: However, trespassing can become more serious if it involves additional factors, such as:
  • Refusing to leave when asked by the property owner
  • Trespassing on private property with the intent to commit a crime (e.g., theft, vandalism)
  • Trespassing on restricted or dangerous areas (e.g., private industrial property, government buildings, etc.)

Additionally, repeat offenders or cases involving aggravated trespassing could face more severe legal actions, including criminal charges or civil suits from property owners.

What are vandalism charges for minors in Manitoba?

In Manitoba, vandalism charges for minors fall under the Criminal Code of Canada as mischief. Penalties depend on the severity of the damage:

• Mischief under $5,000: May result in fines, probation, or community service.
• Mischief over $5,000: Can lead to more serious penalties, including youth detention, though this is rare for first-time offenders.

Possible consequences include probation, restitution, community service, or youth detention for repeat or serious offenders. For first-time offenders, alternative measures like counseling or educational programs are common.

For less severe offenses, alternatives like probation, counseling, or community service are more common. The focus is usually on rehabilitation rather than punishment.

Can you go to jail for spray painting?

Yes, in Manitoba, spray painting (often considered vandalism or mischief) can lead to criminal charges, including mischief under Section 430 of the Criminal Code of Canada. If convicted, the penalties can range from fines and community service to jail time, especially for repeat offenders or if significant damage is caused.

For minors, the focus is typically on rehabilitation, with options like probation or youth detention in a youth facility, rather than adult jail. However, adults found guilty of serious vandalism can face up to two years in prison.

Need more information? Get in touch with our experienced property crime lawyers for trusted legal guidance and strong representation tailored to your needs.