Uttering Threats Lawyers In Toronto
Uttering threats is covered under s.264.1 of the Criminal Code.
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.
Uttering threats offences are considered hybrid offences, as they can be prosecuted by indictment or summarily.
Key Takeaways
- Conditional to if prosecuted by indictment or summarily, the severity of an uttering threats offence will vary.
- Depending on how the case is pursued, either by indictment or summarily, there is potential for incarceration ranging from 2-5 years.
- Bail conditions may include refraining from contacting the alleged victim or being in a place where contact is likely, such as the alleged victim’s house, work or school. Prohibition on handling/owning any firearms or other weapons and on travelling and using drugs or alcohol may also ensue. More serious conditions can include house arrest and a curfew.
- Uttering threats, charges can be beaten. Contact a lawyer for assistance in determining the best strategy for you.
How can an uttering threats lawyer in Toronto help?
There are numerous advantages to hiring a criminal defence lawyer when fighting a uttering threats charge. A lawyer will provide you with legal advice before any charges are applied, allowing you to determine if you would like to proceed with their services. A lawyer will further aid in efficiently navigating conversations with law enforcement to help protect you from self-incrimination.
By being dedicated to helping you beat the charge, a lawyer will work to gather evidence, interview witnesses and if necessary retain expert witnesses to strengthen your case and obtain the best possible outcome. Moreover, the vast experience that a lawyer has in managing the criminal justice system and court processes is invaluable when they represent you during a trial.
Uttering Threats Charge in the Criminal Code of Canada
There are three types of threats covered under uttering threats in the Criminal Code. These include threats to the person, threats to a person’s property and threats to a person’s animals.
Examples of Uttering Threats Charges
Some examples of an uttering threats charge may include the following:
- 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
What are the Consequences of a 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. Furthermore, since uttering threats is a hybrid offence, the conviction is also reliant 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 incarceration if you threaten death or bodily harm.
Uttering Threats Charge Defences
As with every case, the precise details of the allegations, the specific circumstances of the case and the evidence against you influence the availability and strength of any available defences. Some commonly applicable defences are analysed below.
- 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 the actus reus and mens rea. The situation in which the words were spoken or written will be taken into account. For a lack of actus reus to be proven, it must be showcased that a reasonable person that is fully aware of the circumstances, would not perceive the words as a threat. If there is no actus reus then the Crown will not be able to secure a conviction.
- Lack of Intention: The Crown must prove beyond a reasonable doubt, that you had the intention for the words to be taken seriously, or that you possessed the mens rea. If it cannot be proven that you intended the seriousness of the words or to alarm the alleged victim, you cannot be convicted.
Ambiguous Language: Ambiguous language is a rational defence if it can be proven that there is a reasonable alternative meaning behind the words that might not necessarily amount to a threat. - 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, under s.24(2) of the Charter, 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 adhere to stringent conditions if you are released on bail. Not following these conditions may lead to your arrest and being held in custody pending another bail hearing. A surety, cash, or no-cash deposit is almost always required for your release.
Some of these tight restrictions may include refraining from 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.
Frequently Asked Questions About Theft
How long does an uttering threats case take?
The complexity of the case and the number of court cases will influence the length of the case of the uttering threat. Whether you choose to set your matter for trial or resolve it before will also impact the length of the case. A few months is a broad estimate on how long it may take to resolve a uttering threats case.
Can I go to jail for uttering threats charges?
Yes, you can go to jail for uttering threats. Maximum sentences range from 2- 5 years imprisonment depending on the type of threat. Depending on the circumstances of the case, a first-time offender may receive jail time or an entry on their criminal record and probation.
What is an example of uttering threats?
Some examples of uttering threats are threatening to kill someone or do bodily harm, or threatening to kill or do bodily harm to someone’s animal or bird. Threats can be made through your acts or gestures, or by sending intimidating messages and signals online, for example via email, or through the phone, for example via text, or in person.
Related Offences
- Assault: Assault and uttering threats can be related if a threat is followed through with. Causing bodily harm or applying force without consent amounts to an assault.
- Attempted Murder: Attempted murder is the intention to cause death or bodily harm that is likely to result in death to an individual. This can be related to uttering a threat as an attempt to follow through with that threat.
- Choking: Choking is an act that can cause serious brain injury or death to a victim. This can be a form of following through with an uttered threat.
- Criminal Harassment: Criminal harassment is classified as an ‘Offence Against the Person and Reputation’ and commonly takes the form of stalking. This can go hand in hand with uttering threats as an individual is made to fear for their safety.
