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(647) 491-5237 While not all threats are created equal, uttering certain threats in Canada can lead to criminal charges, conviction and sentencing, followed by a criminal record. When facing criminal charges, swift action is crucial and hiring an experienced uttering threats lawyer in Toronto is the best defence against the allegations.
Uttering threats is treated as a serious offence. A guilty verdict can result in incarceration. A lawyer can help you avoid this sentence and even escape a criminal conviction.
Section 264.1(1) of the Criminal Code of Canada makes it an offence to knowingly utter or convey a threat about causing any person bodily harm or death, threatening to destroy or damage their property, or threatening to kill, poison, or injure their pets and animals. To be charged with the offence, you do not need to directly utter the threats, you can also be charged if you indirectly utter threats, for example, by getting another person to convey your threatening message.
It is also important to note that you need to make the threat with the intention of it being taken seriously. Additionally, as long as you make a threat with the intention that it should be taken seriously, your actual ability or intention to carry out the threat is irrelevant.
After someone calls 911 because they received a threat, the Toronto police are obliged to proceed with the case. Even if the complainant changes their mind and decides to withdraw their statements, the police and the Crown may choose to continue with the case depending on the individual circumstances.
For the charges to result in conviction, the prosecution needs to prove beyond reasonable doubt that:
The threat can be delivered by any means beyond words, including messages, emails and even gestures. A threat can be direct or conditional when someone threatens to inflict harm or death if another person does not follow their orders.
When deciding whether to proceed with the charges, the prosecution will carefully examine all circumstances and context of the threat and evaluate the prospects of conviction at trial. If the Crown decides to continue with the charges, they may choose to proceed either summarily or by indictment with different consequences in case of conviction.
Whether or not someone was able or intended to implement their threats, the punishment can be quite severe, followed by a criminal record with far-reaching consequences.
While criminal threatening carries no mandatory minimum penalties, the convicted offender can face:
The answer to the question of what is the punishment for criminal threatening also depends on whether the threats are made against an individual, their property, and/or pets. Naturally, threatening death or bodily injury to someone carries heavier sentencing than threats to destroy property or to harm or kill a pet.
If the Crown decides to proceed with the charges by indictment, the maximum sentence is 5 years in jail for threats against an individual and 2-year prison time for threats against property or a pet. If the Crown proceeds summarily, the maximum sentence is two years in prison and/or a fine of up to $5,000, irrespective of the target of the threats.
While all criminal cases are fact-specific, there are common defence strategies that your uttering threats lawyer can adapt to your circumstances to help you beat the charges.
Some of these defences include:
These are just a few of the various defence strategies which can be used to have uttering threat charges dropped, dismissed or significantly reduced. Retaining an experienced legal professional early in the process would increase the chances of successful application of these defences throughout all stages of the criminal process.
If the police arrest you, you have the Charter rights to remain silent and retain a lawyer. It is always the best strategy to exercise these rights and contact a lawyer first before answering any questions or making any statements to the police.
After arrest, the police can release you or detain you in custody until the bail hearing. If you are detained, the police must bring you before the judge within 24 hours of your arrest or as soon as possible.
You have a constitutional right to a reasonable bail and cannot be denied bail without “just cause.” Your lawyer will speak to the Crown about what is required to secure your release and propose a bail plan. In many cases, a bail plan involves a “surety” or an individual who pledges to pay a certain amount of money if you fail to follow your release conditions.
If the Crown has concerns about the bail plan because they believe that you are at flight risk or pose a threat to the public, the prosecution must “show cause” and prove to the judge why you should be detained or imposed stricter bail conditions. Involving a defence lawyer is instrumental for challenging the prosecution’s arguments and increasing your chances for release on bail with less restrictive conditions.
When you await the trial, your legal counsel can work on developing an individual defence plan adapted to your circumstances. As the first step, your lawyer will ask the Crown for a full disclosure of all evidence. Having a lawyer by your side comes with the advantage of obtaining all information the Crown has against you, whether or not they plan to use it in court and account for it in your defence strategy.
If you retain a lawyer, they will participate in pre-trial appearances, including Crown pre-trial (CPT) and Judicial pre-trial (JPT), negotiating with the prosecution and the judge on your behalf. If the Crown decides to proceed with the charges by indictment, your lawyer will further advise you on making a strategic choice of the mode of trial, including the provincial court, Superior Court by judge alone or by jury.
The potential consequences of a conviction depend on the target of the threats and how the Crown proceeds with the charges. If the threats are directed toward an individual and involve causing death or serious bodily injury, the maximum sentence is five years imprisonment by indictment.
If the threats are made towards property or a pet, the maximum sentence is two years by indictment. If the Crown chooses to proceed summarily, the maximum criminal penalty is imprisonment for two years less a day and/or a $5,000 fine. In addition, everyone convicted for uttering threats faces a criminal record with far-reaching consequences for employment, housing and social opportunities.
In Canada, words intended to intimidate and to be taken seriously are followed by severe repercussions. Hiring a criminal defence lawyer for uttering threats can be pivotal for mitigating the consequences of allegations and obtaining the best possible outcome, such as having charges dropped or dismissed.
An experienced lawyer can be instrumental in many ways, which include:
Since no two criminal cases are the same, previous results do not guarantee future outcomes. If you face uttering threats charges in Ontario, please contact Vilkhov Law defence lawyers at your earliest opportunity for a free consultation.
Retaining a criminal lawyer for uttering threats defence early in the process can significantly increase your chances of obtaining the best possible outcome. An experienced lawyer from Vilkhov Law can assess the specific language and the context of alleged threats, evaluate the evidence the prosecution has against you, cross-examine the credibility of the complainant and apply effective defence strategies to minimize the charges.
The Crown has full discretion on whether to proceed with threats charges, depending on whether they have sufficient evidence to continue the prosecution. Meanwhile, the police will lay the charges even if the complainant changes their mind and decides to withdraw.
An experienced criminal defence lawyer from Vilkhov Law can advise you further on your options and offer a strong defence strategy.
While not all threats are crimes, the Criminal Code of Canada sets harsh penalties for threatening death, bodily injury, damage to property or killing or harming their pet. Meanwhile, words, which were not intended to be taken seriously or were spoken “in jest” are not considered threats.
Due to a considerable leeway that applies in interpreting specific language and context of threats, you may need to contact an uttering threats lawyer for a free initial consultation to assess your case.
The severity of the charges for criminal threatening depends on multiple factors, including whether the threats involve inflicting death or bodily harm or are directed towards property or a pet, the presence of a previous criminal record and other circumstances.
For more information, please don’t hesitate to contact an experienced uttering threats defence lawyer in Toronto who will be able to assess the potential consequences in your individual case.
Charges: The young client was accused of uttering threats to cause death. The Crown alleged that our client uttered threats to the complainant at a store where the victim was employed following a brief scuffle.
Defence: The defence actively worked to demonstrate that the accusations were unsubstantiated, arguing for the client’s innocence.
Result: After diligent negotiations and preparatory work by the defence, the Crown Attorney concluded that there was no reasonable prospect of conviction and opted to withdraw the case completely.
Charges: The client was accused of uttering threats to cause death. The Crown alleged that our client uttered threats to the complainant at a building management office where the victim was employed following a verbal argument.
Defence: The defence highlighted inconsistencies in the allegations and argued that the evidence against the client was insufficient to support the charges.
Result: Following thorough negotiations and proactive defence efforts, the Crown Attorney acknowledged the lack of a reasonable prospect for a successful conviction and decided to withdraw the case entirely.
Charges: The client was accused of several counts of assault, assault with a weapon, and uttering threats to cause bodily harm. The Crown alleged that our client had assaulted and uttered threats to the complainant on numerous occasions within their residence and had done so with the use of a weapon in the form of a belt.
Defence: The defence argued that the evidence was insufficient and raised doubts about the credibility of the allegations, asserting that the client did not commit the acts as charged.
Result: After extensive negotiations and preliminary legal work, the Crown Attorney decided there was no justification to proceed with the prosecution. Consequently, all charges against the client were stayed, resulting in no penalties or further legal actions.
Charges: The young client was accused of uttering threats and possession of an unauthorized weapon for a dangerous purpose. The Crown alleged that our client approached the victim and threatened to use a taser on the victim following a verbal argument. It was alleged that our client had a taser at this time and that he pointed this toward the client as a form of intimidation.
Defence: The defence contested the credibility of the allegations and emphasized the lack of intent to use the weapon. They argued for the client’s non-aggressive disposition and the absence of a clear threat.
Result: After several rounds of negotiations and up-front work, the Crown Attorney agreed to allow the client to enter a bond to keep the peace and withdrew the case outright.
Charges: The client was accused of assault, two counts of assault with a weapon, possessing a dangerous weapon, and uttering threats to cause bodily harm. The Crown alleged that our client had assaulted the complainant by slapping them across the face and by using a brick to hit the complainant’s lower back along with uttering threats of stabbing the complainant whilst having a knife.
Defence: The defence argued that the evidence did not conclusively prove the client’s intent or the alleged use of the weapons. They highlighted discrepancies in the complainant’s account and questioned the reliability of the evidence presented.
Result: After intensive negotiations and preparatory legal work, the Crown Attorney agreed to allow the client to enter a bond, leading to the withdrawal of all charges and the closure of the case without any criminal conviction.
Our lawyers practice criminal law exclusively, defending our clients against all types of criminal charges in courts throughout Toronto and the Greater Toronto Area. We provide legal defence for all criminal matters, including impaired driving, assault (including sexual assault), financial crimes, child pornography, firearm possession, and drug charges, among others.
