Uttering Threats Lawyers Calgary

If you are facing uttering threats charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

In Canada, uttering threats is a criminal offence which makes it illegal to threaten to cause death or bodily harm to another person, damage their property, or harm their pet. The offence happens when someone communicates a threat, even if they do not actually plan to carry it out.

Uttering threats is a hybrid offence, which means the Crown prosecutor can choose to treat it as either a summary or indictable offence, depending on how serious the case is. 

• If prosecuted as an indictable offence, uttering threats can lead to imprisonment for up to five years. This happens in more serious cases.
• When treated as a summary offence (less serious), the punishment can include a fine of up to $5,000, up to two years in jail, or both.
• The court considers several factors when deciding the punishment, including whether the threat was made against a specific person, if it was repeated, and if the accused has a criminal history. The judge will also look at how the threat affected the victim.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, 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 (403) 719-6410.

How Our Lawyers Help With an Uttering Threats Charge

• A Strategic Criminal Defence lawyer can give you legal advice before you are charged so you can understand what is happening and what might happen next.
• We can help you not say anything that could unnecessarily hurt your case by exercising your right to silence.
• We can collect important evidence. Including, text messages, voice recordings, or witness statements that might show that the threat was not understood correctly, or was taken out of context.
• If needed, we can hire experts to look at the evidence of communica or explain any cultural contexts that are relevant.
• We take care of all the paperwork, court appearances, and other necessary steps for you in the complicated criminal justice system.
• We will do everything we can to get the best result if your case goes to trial. We will question the prosecution’s evidence, and tell your side of the story.

Examples of Uttering Threats Charges

Here are some examples of when you could be charged with uttering threats:

• Someone tells their neighbour, “I’m going to come over and hurt you if you don’t stop making noise at night.”  This is a threat to hurt someone.
• A person sends their ex a text that says, “I’m going to set your house on fire while you sleep.” This written threat to damage property and is a clear violation.
• Someone says on social media, “I know where you live, and I’m going to kill your dog” when they don’t agree with someone. Even though this threat is online, it is still a crime to make it.
• Someone leaves a message that says, “You better watch your back because I’m coming for you.” This scary but unclear message could be seen as a threat.

Consequences of an Uttering Threats Charge

In Canada, uttering threats is a serious crime with serious consequences.

It is a hybrid offence, which means that the Crown prosecutor can choose to go ahead with either a summary conviction for less serious cases or an indictment for more serious ones.

• For threats to cause death or bodily harm, if prosecuted by indictment, there is no minimum jail sentence. However,  the maximum penalty is imprisonment for up to five years.
• When prosecuted as a summary offence, the maximum penalty is a $5,000 fine and/or up to two years. There is again no mandatory minimum sentence.
• In addition to the immediate legal consequences, being found guilty of making threats leaves a criminal record that can hurt your job prospects, travel plans, and reputation for years to come.

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.

Here are some possible defences for different situations:

• Sometimes, the words or statements that were used to make threats were not understood, or taken out of context. For a conviction, the prosecution has to show, beyond a reasonable doubt ,that what you said was a real threat. If what you said was a joke, or, a figure of speech, that a reasonable person wouldn’t think was threatening, this could be a defence.
• To get a conviction for making threats, the Crown must show that you made the threat knowing it would scare or be taken seriously. This defence might work if you can show that you didn’t mean for what you said to be threatening.
• If the threats were made anonymously, like through letters that weren’t signed, phone calls that couldn’t be traced, or social media accounts that couldn’t be linked to you, our team may argue that you weren’t the one who made the threat. The prosecution has to prove beyond a reasonable doubt that you were the one who made the threat.

Uttering Threats Charge Investigation

When police look into threats made in Calgary, they follow a set of steps to find evidence. 

• Usually, someone starts the process by saying that someone threatened to hurt them, their pets, or their things.
• The police first talk to the person received the threat to find out what was said or written, when it happened, and what was going on at the time. They will want to know how the two sides are related and if they have ever fought before.
• Then, the police will look for any physical proof of the threat. These could be texts, voicemails, emails, posts on social media, handwritten notes, or recordings. Witnesses who heard or saw the threat being made will also be asked to talk to the police.
• After that, the police usually talk to the person who is being accused.
• At this point, it’s very important to have a Strategic Criminal Defence lawyer because anything you say could be used against you.

Bail Conditions for Uttering Threats Charges

If you are accused of uttering threats in Canada, you might be able to get out on bail until your trial but you will be given specific conditions to follow.

• First, you will likely be under a no contact order. You can’t talk to the person you are accused of threatening in any way. You can’t call, text, email, or send messages. You also can’t ask someone else to do it for you. You also usually can’t get close to their school, work, or home.
• If the threat involved weapons, ammo, or explosives, you won’t be able to own any weapons.
• If you threaten someone online or through technology, a judge might limit how much you can use the internet or social media.
• In some cases, you might have to give up your passport so you can’t leave the country.
• You will have to check in with the police or your bail supervisor on a regular basis and follow a curfew.

If you break any of your bail conditions, you are committing another crime. This could get you arrested right away and make your case harder to win. That’s why it’s so important to know and follow all of the bail conditions, even if they are hard to do.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions