If you are facing uttering threats charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Uttering threats is when an individual states their intention to threaten an individual, threaten their property, or threaten an animal or bird.
Threats to the person, threats to a person’s animal, and threats to property are the three types of threats that are covered under uttering threats. Where allegations involve damage to property, our property crime lawyers in Toronto can advise on related issues.
Uttering threats offences are considered hybrid offences, as they can be prosecuted by indictment or summarily.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of uttering threats beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (647) 986-8077 or contact us online.
Key Takeaways
- The severity of an uttering threats charge will depend on if it’s processed as a summary or indictable offence.
- Uttering threats can lead to a jail sentence of 2-5 years.
- Bail conditions may include not contacting the alleged victim or being in a place where contact is likely, such as the alleged victim’s house, work or school.
- They may also be a prohibition on handling/owning any firearms or other weapons, travelling and using drugs or alcohol. More serious conditions can include house arrest and a curfew.
- Uttering threats charges can be beaten. Contact a Strategic Criminal Defence lawyer today for help determining the best strategy for you.
How can an uttering threats lawyer in Toronto help?
There are numerous advantages to hiring a Strategic Criminal Defence lawyer when fighting an uttering threats charge.
We can provide you with legal advice before any charges are applied, allowing you to decide if you would like to proceed with our services. We can help by efficiently navigating conversations with law enforcement to help protect you from self-incrimination.
By being dedicated to helping you beat the charge, our lawyers will work to gather evidence, interview witnesses and if necessary, retain expert witnesses to strengthen your case and obtain the best possible outcome.
The vast experience that our lawyers have in managing the criminal justice system and court processes is invaluable when we represent you during a trial.
For a step-by-step overview of what to expect, review the court process in Toronto.
Uttering Threats Charges in the Criminal Code of Canada
According to section 433 of the Criminal Code:
Uttering Threats
264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person.
Examples of Uttering Threats Charges
Here are some examples of when you could be charged with uttering threats:
- Threatening to kill someone or do bodily harm
- Threatening to kill or do bodily harm to someone’s bird or animal
- Threatening another person through your acts or gestures
- Sending intimidating messages or signals either online, through the phone, or in person
Consequences of an Uttering Threats Charge
An uttering threats charge can have serious consequences resulting in jail time even if you are a first-time offender. Each case’s specific circumstances will largely influence the severity of the conviction.
Uttering threats is a hybrid offence, so the consequences will depend on whether it is pursued by indictment or summarily.
For summary convictions, the maximum sentence you may face is up to 2 years imprisonment and/or a $5000 fine. For indictment convictions, the maximum sentence you may face is up to 2 years imprisonment if the threat is to damage property or harm an animal and up to 5 years’ if you threaten death or bodily harm.
Uttering Threats Charge Defences
A Strategic Criminal Defence lawyer can help you establish the best way to defend yourself against an uttering threats charge based on the facts of your case.
- A Reasonable Person, Fully Aware of the Circumstances, Would Not Perceive the Utterance as a Threat: For the Crown to secure a conviction, they must prove beyond a reasonable doubt that a reasonable person that is fully aware of the circumstances would perceive the words as a threat.
- Lack of Intention: The Crown must prove beyond a reasonable doubt, that you had the intention for the words to be taken seriously.
- Ambiguous Language: Ambiguous language is a rational defence if it can be proven that there is a reasonable alternative meaning behind the words.
- Identity: It is a valid defence to prove beyond a reasonable doubt that you have been incorrectly identified. For this defence to be successful it must be shown that you were not present at the time of the offence, for example, if you had an alibi.
- Any Applicable Charter Defences: If any of your Charter rights and freedoms were violated before or after your arrest, you may have some or all of the evidence against you excluded.
Uttering Threats Charge Investigation
A witness or the alleged victim typically initiates an investigation into an uttering threats allegation by making a report to the Police. A statement from the alleged victim and any witnesses will then be requested by the Police. Notably, in these types of cases there generally are no witnesses and as a result, a charge may rely solely on the complainant’s statement.
The Police will then gather any available evidence such as text messages, emails and statements from any friends and family. Once the police have collected evidence and they believe you to be the perpetrator then they will arrest you or issue a warrant for your arrest.
The Police will typically provide the Crown Prosecutor with a disclosure package once you have been arrested. This package contains all the evidence that the Police have gathered. It is your right to have access to this package and once you have retained one of our lawyers we will work to obtain access to it. We will further analyse the information to assess the strengths and weaknesses of the Crown’s case, as well as any defences that may apply to you.
Bail Conditions for Uttering Threats Charges
You must follow to strict conditions if you are released on bail. Not following these conditions may lead to your arrest and being held in custody waiting for another bail hearing.
Some of these restrictions may include not being in contact with the alleged victim and attending any place of potential contact such as the alleged victim’s home, work, or school. You may also face a prohibition on using drugs or alcohol, possessing weapons and firearms, and travelling. More serious conditions can include house arrest and a curfew.
