Under Section 264.1 of the Criminal Code, uttering threats is knowingly communicating a threat to cause death or bodily harm, damage property, or injure an animal.

The key to preventing long-lasting consequences if you’re accused of uttering threats is often to negotiate for a resolution that prevents a criminal record.

The Strategic Criminal Defence team has:

  • Defended over 10,000 cases in the past two decades.
  • Received Three Best Rated® ‘Criminal Defence Lawyers in Calgary’ recognition for eight consecutive years.
  • Won Consumer Choice awards in consecutive years.
  • Received over 720 five-star Google reviews.

Our flat-fee pricing and flexible payment plans make our criminal defence services affordable for most defendants.

What to do next if you’ve been accused of uttering threats:

  1. Stay silent: This is a fundamental right. Do not explain ‘your side’ to Calgary Police, as this usually causes more harm than good.
  2. Don’t underestimate the consequences: An uttering threats charge can create serious issues for you now and in the future.
  3. Seek legal counsel: Again, it’s your right. Let a Strategic Criminal Defence lawyer deal with the investigators, police, and justice at the bail hearing if necessary.
  4. Preserve evidence: Save full conversation logs (not just screenshots) to show the context of the interaction that prompted the complaint.

Contact us for a free, no-obligation consultation.

What is ‘uttering threats,’ and how can a conviction affect your future?

Uttering threats is intentionally threatening to cause death or bodily harm to another person, damage their property, or harm their pet. You can be convicted even if you do not actually plan to carry out the threat and even if the words were said in frustration, anger, or jest.

As harsh as it may seem to get a criminal record for simply saying something you don’t mean, that’s how seriously the criminal justice system considers threats.

Actions leading to a charge of uttering threats in Calgary include the following:

  • Telling your neighbour, “I’m going to come over and smash your head in if you don’t stop making noise at night.”  This is a direct threat.
  • Sending your ex-partner a text that says, “I’m going to set your house on fire while you sleep.” This written threat to damage property is a clear violation of the law.
  • Posting on social media, “I know where you live, and I’m going to kill your dog.” There is no distinction between in-person threats and online threats.
  • Leaving 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.

With early enough intervention, we can sometimes prevent a charge being laid or resolve the case without the need for a trial. However, if you are convicted of uttering threats, you will face the following potential consequences:

PHASE LEGAL & PERSONAL CONSEQUENCES SPECIFIC DETAILS & 2026 CONTEXT
Immediate Sentencing & Incarceration

Under Section 264.1, you face up to 5 years for an indictable offence (for threats to cause death or bodily harm) or up to 2 years less a day and a $5,000 fine for a summary conviction (for threats to damage property or injure animals).

Alberta judges are increasingly prioritizing custodial sentences for threats involving intimate partners.
Restrictive Orders Bail and probation now frequently include GPS Monitoring (electronic monitoring) under the 2026 Alberta public safety protocols. Mandatory 'no-contact' orders are standard and immediate.
Ancillary Orders A conviction triggers a Section 109 mandatory weapons prohibition (typically 10+ years) and a secondary order for DNA Databank submission for your profile to be held by the RCMP.
Mid-Term Employment Barriers In Calgary's competitive market, a charge triggers immediate suspension from 'vulnerable sector' roles. In 2026, many corporate 'Code of Conduct' policies now mandate disclosure of active criminal proceedings.
Family Law Impact Under the Alberta Family Law Act or Divorce Act, a threat conviction may be leveraged in the Calgary Courts Centre as evidence of risk, often resulting in supervised access or total restriction of custody rights.
Financial Strain Beyond legal fees, defendants are liable for victim fine surcharges and the rising costs of private forensic psychologists for court-ordered anger management programs.
Long-Term Permanent Record An uttering threats conviction is a 'crime of violence.' It remains on the CPIC (national database) indefinitely. Record suspensions (pardons) are now subject to extended 10-year wait times for violent offences.
Travel Restrictions The U.S. Customs and Border Protection (CBP) considers threats as potential "crimes involving moral turpitude." You may be permanently barred from entry without a high-cost I-194 Waiver.
Immigration Status If you are on a work permit or hold PR status, this conviction is a "serious inconstancy." Under the 2026 IRCC guidelines, it can trigger admissibility hearings and potential deportation from Canada.

Uttering threats is a hybrid offence. The Crown prosecutor can choose to treat it as either a summary or an indictable offence, depending on how serious the case is and your criminal record.

A lawyer from Strategic Criminal Defence may be able to prevent a charge of uttering threats from being laid or, if the case proceeds, mitigate the consequences for your future through diversion programs.

Find out more about the penalties at Criminal Sentencing Calgary.

What are the investigation and release processes for uttering threats?

When an allegation of repeated threatening behaviour is made against a person, their property, or their pets, the Calgary Police Service initiates a formal investigation. They will talk to the complainant and try to recover digital evidence, such as:

  • Digital communications: SMS/iMessage logs, encrypted app data (WhatsApp/Signal), and metadata from emails.
  • Social media: Public posts, private DMs, and “stories” captured via police preservation orders.
  • Audio/visual: Voicemails, doorbell camera footage (Nest/Ring), and CCTV from Calgary businesses.
  • Physical and documentary: Handwritten notes, phone records, and statements from third-party witnesses who saw threats being made.

It’s important to seek legal counsel as soon as it becomes clear you’re under investigation. We can help with the following: 

  • Pre-charge legal advice that can sometimes prevent criminal charges from being laid or help limit the consequences if they are.
  • Protecting your rights and ensuring you do not inadvertently waive your Section 7 Charter rights.
  • Managing all communications to ensure you do not provide self-incriminating statements during informal police interviews.
  • Negotiating directly with investigators to present counter-evidence before formal charges at the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2).

How can we help with your release?

If the police have enough evidence, you will be charged. You may be released on an Appearance Notice or Undertaking, depending on the severity of the alleged incident.

More likely, you will be detained for a bail hearing, which must be held within 24 hours of arrest, under Section 503 of the Criminal Code.

Your bail hearing will be held by video or teleconference with the Alberta Court of Justice at the Calgary Courts Centre (601 5th Street SW).

Before the bail hearing, a Strategic Criminal Defence lawyer will negotiate with the Crown for a ‘consent release’, which is faster than a contested bail hearing.

We will advocate for the least restrictive conditions possible. However, besides being required to keep the peace and be of good behaviour, you can expect the following conditions:

  • A no-contact order that prohibits all communication with the alleged victim, even messages sent through other people.
  • Orders to stay away from the complainant’s home, work, school, or place of worship.
  • A prohibition on possessing weapons, ammo, or explosives.
  • Controls on using the internet or social media.
  • The requirement to surrender your passport.
  • A night-time curfew.
  • Mandatory regular check-ins with a police station or bail supervisor.

Violating any condition is a separate criminal offence (failure to comply). The police can arrest and charge you, and your bail will be revoked. The Bail Hearing Process in Calgary has more information.

Can we get uttering threats charges dropped?

One of our first tasks as your criminal defence lawyer is to obtain the disclosure package from the Crown. This generally includes:

  • Calgary Police Service (CPS) reports and officer notes.
  • Body-worn camera footage from the arrest.
  • Complainant and witness statements.
  • Digital forensics (screenshots, metadata, and audio recordings).

Depending on the nature of the charge and your criminal history, uttering threats charges can sometimes be withdrawn or resolved with no criminal record.

This is the priority of our uttering threats lawyers when they take on your case.

What resolution negotiation options are open to us?

Resolution negotiations may resolve your charge without the need for a trial, as you can see in our “Successful Cases” section below.

Common resolutions include:

  • Alternative Measures Programs (AMP)
  • Mental Health Diversion Program
  • Peace bond
  • Conditional discharge

The great benefit of these resolutions is that they result in no criminal record. Here’s some more information about each resolution:

PROGRAM / OPTION FOCUS & ELIGIBILITY TYPICAL REQUIREMENTS FINAL OUTCOME
Peace Bond (Section 810) The most common resolution in Calgary for threats where the Crown lacks a likelihood of conviction or the victim consents to a non-criminal resolution. Signing a court order to 'Keep the Peace,' strictly adhering to no-contact orders, and potentially staying away from the victim's home/work. Charges Withdrawn. No criminal conviction. The bond is a civil order that stays on your record for 12 months.
Alternative Measures Program (AMP) Available for first-time offenders where the threat was isolated, not related to domestic violence, and involved no weapons. Completion of a 'Stop the Violence' seminar, community service (usually 20–40 hours), and a formal apology letter (if appropriate). Charges Withdrawn. No criminal record. This is a pre-trial diversion that prevents you from ever entering a plea.
Mental Health Diversion (MHD) Applicable if the threat was a symptom of a diagnosed mental health crisis (e.g., psychosis, PTSD, or severe anxiety). Assessment by Calgary forensic specialists and adherence to a treatment plan (e.g., medication, regular therapy sessions). Charges Withdrawn. No criminal record. The goal is to address the underlying "threat trigger" rather than punish the symptom.
Indigenous Restorative Justice Available for Indigenous individuals through Calgary Indigenous Court (Room 1800). Participation in healing circles, working with Elders, and following a 'Medicine Wheel' plan tailored to your specific community. Charges Withdrawn. No criminal record. Focuses on holistic healing and addressing intergenerational trauma.
Conditional Discharge A sentencing option used when the evidence is strong, but a conviction is deemed too harsh for the individual's future (e.g., employment). A period of probation (1–3 years). You must plead guilty, but the judge discharges the conviction upon successful completion. No Conviction Entered. After a 3-year waiting period following probation, the record is purged from the CPIC database (though it can still exist in local police databases).

In 2026, the Calgary Crown Prosecutor’s office is likely to take a strict approach to the charge of uttering threats in a domestic setting (involving an intimate partner), with access to the Alternative Measures Program (AMP) more limited.

In these cases, our strategy shifts toward securing a peace bond or a conditional discharge to ensure your career and travel abilities remain intact.

How will we defend your uttering threats charge in a Calgary court?

If your uttering threats case proceeds to trial, our experience in the courtroom comes to the fore.

To achieve a conviction, the Crown Prosecutor must prove every element of the offence beyond a reasonable doubt:

  • The Actus Reus (The Prohibited Act): You knowingly uttered, conveyed, or caused a person to receive a threat to cause death or bodily harm, damage property, or injure an animal.
  • The Mens Rea (The ‘Guilty Mind’): You intended the words to be taken seriously as a threat. The Crown does not need to prove you intended to carry out the act, only that you intended to intimidate or instill fear.
  • Identity: The Crown must prove that you were the specific individual who sent the message or made the statement.

Our defence strategy focuses on identifying where the Crown’s evidence fails to meet this high legal threshold.

What is the “reasonable person” test?

Calgary judges ask whether a reasonable person, in the same circumstances as the complainant, would consider the words to be a threat? This nuance is critical.

A joke that crosses the line into a threat is determined not by your personal sense of humor, but by the contextual standards of the Calgary community.

We argue that if a reasonable observer would see the statement as a figure of speech or a moment of frustration, the charge must fail.

Here’s some more information about the defences we apply in uttering threats cases and the reasonable person test.

DEFENCE CATEGORY LEGAL ARGUMENT PRACTICAL EXAMPLE
Lack of Intent (Mens Rea) You uttered the words, but you did not intend for them to be taken as a serious threat to instill fear or intimidation. A gamer shouting "I'm going to kill you" during an intense online match; the words were an emotional outburst, not a criminal threat.
Contextual Ambiguity When viewed in the full context of the conversation, the words used are a figure of speech or metaphor rather than a threat of physical harm, as per R. v. McRae, 2013 SCC 68, [2013] 3 S.C.R. 931. Telling a business partner "You're dead to me" or "I'm going to ruin you" in the context of a civil lawsuit or ending a partnership.
Identification / Alibi The Crown cannot prove beyond a reasonable doubt that you were the person who sent the message, made the call, or authored the post. Proving that your social media account was hacked or providing GPS data showing you were not in the vicinity of the verbal confrontation.
Unreasonable Fear While the complainant may have felt subjective fear, a 'reasonable person' in their position would not have viewed the statement as a threat. Stating "I'll see you in court" or "I'm calling the police," which the complainant claims made them fear for their safety.
Charter Violations The evidence (e.g., your phone or computer) was seized by police in violation of your Section 8 rights against unreasonable search and seizure. Challenging a warrantless search of your private text messages that led to the discovery of the alleged threatening language.
Conditional Statement The 'threat' was conditional on an impossible event or was clearly not an expression of an intent to act. Saying "If I were twenty years younger, I'd show you a thing or two" is often considered a statement of frustration rather than a threat of future harm.

Successful uttering threats cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 75780002

During a significant mental health episode, our client delivered a letter to her former employer indicating that several of her former coworkers would die. The recipient contacted the police and when officers arrived at our client’s residence, she had trouble understanding the situation and was taken to the hospital for a mental evaluation. She was later charged with uttering threats.

Upon being retained, we ordered disclosure and took a statement from our client. We entered discussions with the Crown Prosecutor, who agreed that a criminal charge was inappropriate in the circumstances. We referred our client to counselling, and the charge was withdrawn.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 762085

Over the course of two days, it is alleged that our client was involved in multiple, heated confrontations with his partner. One night, it is alleged that our client threatened to murder his partner and hang her body outside. In the middle of one of their confrontations, it is also alleged that he struck his child in the face, knocking his child to the ground.

Upon being retained, we immediately ordered and reviewed the disclosure. We advised our client to immediately pursue counselling, and obtained glowing character references for our client. We used these materials and the anticipated strength of our defence to effectively persuade the Crown Prosecutor to withdraw the charges against our client prior to trial.

Successful Outcome: Charges Withdrawn, No Criminal Record

Case Number: 731528

Our client was charged with two counts of uttering threats after he called his ex-girlfriend and threatened her life and her property. The couple had recently broken up, and our client found the complainant’s picture on a dating site. He began texting her angrily, asking her why she was on the site, then proceeded to call her and demand to meet her. She refused to meet him multiple times, and our client threatened to destroy her car and show up at her work if she did not meet him. She declined him again, and our client then stated that he would come over and shoot her in the head. The complainant reasonably feared for her life as she knew our client had recently purchased guns. She then called the police, who located and arrested our client.

Upon being retained, we immediately conducted a detailed review of our client’s disclosure and found a number of inconsistencies and detrimental weaknesses in the case against him. We then set up a resolution meeting where we used the holes in the Crown Prosecutor’s case to persuade them to withdraw the charges if our client completed a reasonable amount of counselling. Once we obtained proof of our client’s counselling, we forwarded it to the Crown, who then withdrew all charges against our client.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 45470322

Our client was arrested the day after a verbal argument with his wife. She called the police, claiming that our client had been using drugs and alcohol and had threatened to kill her. She was fearful because he owned guns. The police attended the home to assist our client’s wife in moving out while our client was not present and obtained her permission to search the residence. The police found three guns and an unauthorized magazine. The police arrested our client the next day and charged him with uttering threats, careless use of a firearm, unauthorized possession of a firearm, and unauthorized possession of a weapon.

Upon being retained, we ordered and reviewed our client’s disclosure. Our client’s priorities were to see his children and avoid a criminal record. We attended court with our client to vary his release conditions so that he would not be prohibited from making parenting arrangements with his wife. After negotiating with the Crown Prosecutor, we were ultimately able to secure a resolution through which our client forfeited the seized weapons, and all charges against him were withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 75790013

Our client was charged following threats made to several students at his school that he planned to bring a gun to graduation and kill 50 people. Police were called to the school, where they spoke to witnesses, staff, and our client. Our client admitted that he had, in fact, made the threats. Officers arrested our client and charged him with uttering threats to cause death.

Upon being retained, we immediately requested disclosure and took a statement from our client. We requested evidence of counselling, character references, and an apology letter to the complainants. We brought these to the Crown Prosecutor and discussed the fact that our client was a youth with no criminal record who showed remorse and a willingness to attend counselling. As a result, our client was referred to Mental Health Diversion, and the criminal charge was withdrawn.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 65680203

Our client was charged with assault and uttering threats following an altercation with his ex-girlfriend. It is alleged that he hit her and kicked her when she fell to the ground. Our client did not recall the events of the evening. At the time, he was a foreign national working in Canada on a visa, and because of the criminal charge, his passport was revoked.

Upon being retained, we requested disclosure and immediately began resolution discussions with the Crown Prosecutor. We instructed our client to enroll in alcohol counselling, requested a proof of employment letter from his manager, and proof of his living situation to present to the Crown. Based on this, we were able to successfully persuade the Crown to resolve the matter with a peace bond and return our client’s passport. As a result, the charge was withdrawn, and our client avoided a criminal record.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 762075

It is alleged that on the day of the offence, our client got into a heated verbal argument with his wife. The argument escalated to the point that our client grabbed his wife, pulled her toward him, and then punched her in the head with a closed fist. He then threatened her that if she did not leave, he would kill her. His wife also reported to the police that there was an extensive and unreported history of domestic violence between them, and that she feared for herself and for her children.

Upon being retained, we ordered and reviewed the disclosure. We then directed our client to a comprehensive counselling program and began negotiating with the Crown on his behalf. We were able to successfully advocate for a peace bond, and as a result, all the substantive charges against our client were withdrawn.

Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record

Case Number: 77790025

Our client was charged with uttering threats to cause death following an altercation with his wife when he was heavily intoxicated. According to his wife, our client threatened to kill her when she fell asleep and stated that he was prepared to go to jail. She recorded the conversation and provided it to the police when they arrived. Our client was arrested shortly after the incident.

Upon being retained, we immediately requested disclosure and began negotiations with the Crown Prosecutor. We provided the Crown with character references for our client as well as proof that he had obtained counselling for alcohol use and domestic violence shortly after the incident. Based on our negotiations, the Crown agreed to resolve the matter with a conditional discharge, and as a result, our client avoided a criminal record.

Successful Result: Conditional Discharge; No Criminal Record

Case Number: 55582450

Our client was charged with several counts of uttering threats and criminal harassment after a lengthy period of nearly two years during which he verbally harassed his neighbours and on several occasions threatened to physically harm them. Our client was suffering from a number of concurrent disorders, including substance abuse and mental health issues, which were the primary reasons for this behaviour.

Upon being retained, we immediately advised our client to secure a new living situation away from the complainants, his former neighbours. We also instructed our client to undergo addictions counselling and psychiatric treatment. After our client’s successful completion of these recovery programs, we convinced the Crown Prosecutor to accept a guilty plea in exchange for a conditional discharge. Not only did our client avoid jail time, he also avoided a criminal record.

Successful Result: No Jail Time, No Criminal Record

Case Number: 45470304

Our client was charged with assault causing bodily harm, two counts of assault, and three counts of uttering threats after a physical altercation with his girlfriend. Our client had been drinking all day and hit his girlfriend in the face. Two bystanders interfered in the altercation. Our client threatened to kill all of them.

Upon being retained, we ordered and reviewed our client’s disclosure. We instructed our client to complete anger management, substance use, and relationship counselling. We began negotiating with the Crown Prosecutor. We obtained a resolution in which our client pled guilty to two counts of assault, and the Prosecutor withdrew the remaining counts. We conducted a contested in-court sentencing hearing where the Crown Prosecutor argued that our client should receive 60 days in jail. We successfully argued that our client should receive a 6-month Conditional Sentence Order. As a result, our client was able to avoid jail and serve his sentence in the community.

Successful Result: Conditional Sentence Order, No Jail

Testimonials

Dedicated uttering threats lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide uttering threats defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

Digital threats are treated with the same severity as verbal ones. The Calgary Police Service frequently uses digital evidence, such as metadata and screenshots, as primary evidence in uttering threats cases involving SMS, WhatsApp, Facebook, or Instagram. Online threats often make the case against you stronger because they leave a clear digital trail in screenshots or recovered data.

Yes, you can still be charged even if you didn’t mean to carry out the threat. If someone feels threatened by words said in anger, as a joke, or during an argument, it can lead to a charge, but the fact that you don’t really want to carry out the threat can help your case, and we can often push for leniency.

If you are found guilty of uttering threats, you will have a criminal record, which can make it harder to get a job, volunteer, apply for housing, and travel to other countries, especially the US. The conviction stays on your record unless you are granted a record suspension.

If you’re charged, a lawyer from Strategic Criminal Defence in Calgary will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the uttering threats charge.
  • Gather key evidence, such as police reports, digital communication logs, CCTV, witness statements, and expert testimony, to challenge the complainant’s allegations.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

Strategic Criminal Defence has been based in Calgary for two decades. Our lawyers understand how local courts approach cases involving uttering threats and will use that experience to protect your interests.

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 3, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410