Uttering Threats- Hire Toronto’s Best Lawyer in Your Defence

In Canada, uttering threats is considered a severe offence. If you ever face such an offence and get caught in police custody, they will allow you to contact a lawyer in your defence. Call us at Toronto’s law firm and get experienced lawyers to handle your case.

Overview

What is Meant by Uttering Threats

If someone says something or does something that scares or worries another person, it means that person is uttering a threat.

A threat can be words, actions, or messages that promise to hurt someone, damage their things, or harm their loved ones.

Threats can also be conditional, like saying,’ If you do not give me my money, I will hurt you.’

Uttering Threats of Death or Bodily Harm

Many people do not realize the severe outcomes of making a threat. In Canada, it is against the law to threaten someone with causing their death or bodily harm. It is also illegal to intentionally threaten another person for harming their property, including animals.

The prosecutor needs to show that the accused person threatened someone without any doubt, even if the target does not know about it. For example, if a person threatens another person that he is going to harm their loved ones, it is still considered a crime even if the loved one does not know about the threat.

Accused can convey threats in many ways, such as in person, through emails, facebook, messages, or even over the phone call. Even actions or gestures can sometimes be seen as threats, like making a gun-pointing gesture at someone, depending on the situation. A threat is when someone says or shows they want to harm or punish another person.

Sometimes, if someone says something mean to you, it does not mean they are threatening you. We must understand the difference between a threat and just saying something terrible that might happen to you. For example, if someone says to you that you will die, it can be a threat, but sometimes, it just means that everyone eventually passes away one day.

The Charge of Uttering a Threat

Section 264.1 of the Criminal Code states that if someone intentionally threatens the other person to hurt someone else or damage their property, it is a crime. To prove this, the crown attorney must show the person is meant to scare someone by their words.

If the victim does not know about the threat but the accused is meant to harm them, it is enough to consider it as an offence. When deciding if something is a threat, we look at the words and the situation in which they are said.

This crime can be treated as a serious or less serious offence. If the offence leads to a severe option, imprisonment is up to five years, while the less severe option leads to imprisonment for up to 24 months. There are no minimum punishments, but there are possible others besides jail.

The Investigation of Uttering a Threat

When investigating the offence of uttering a threat, the main evidence comes from a person threatened by the accused, not the police. Once the complaint is filed, the police will try to talk with you to get your side of the story.

In the investigation process, you can hire a lawyer or contact a lawyer if you have one. If you do not have a lawyer, contact us before your arrest; we can help you a lot.

We will find out who the investigating officer is; because of lawyer-client privilege laws, we can talk with the police without making things worse for you.

We will try our best to ensure you do not get charged, or if you do, we will work hard to quickly bring you out of custody with the best restrictions possible.

These restrictions include not contacting a person who files a complaint against you, not having any weapons, or not drinking alcohol.

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The Defence of Uttering a Threat

In such defending cases, the lawyer makes a doubt against the charges involving threatening words, the doubt raised on whether these words were spoken, if they were, and or seriously meant by the person making them. Evidence from witnesses and recordings is essential in such cases.

As experienced lawyers, we help our clients; you should contact us before the police contact you. We will speak with the police and try to prevent your arrest; if it is not possible, we will attempt to get you on bail with the less restrictive conditions as soon as possible.

With our experience, we have secured non-custodial sentences for most of our clients facing threatening charges. We will resolve your case through alternative measures, a peace bond, or a discharge.

Factors that Make Charges More Worse

Following are the factors that can make an uttering threats charge more serious and can lead to severe sentencing:

The threat itself was highly specific or alarming.
The threat was made against a public official or an authority figure.
The threat involved extortion or a similar crime.
The accused had a weapon, whether legal or not, on them at the time the threat was made.
The threat was made against a child, an older adult, a mentally disabled person, or someone who is similarly vulnerable.
The threat was made during a domestic dispute against a spouse, a domestic partner, or an intimate partner.
The accused was under the influence of alcohol or drugs when the threat was made, which, in some circumstances, can also work as a mitigating factor.
The accused has a previous record of uttering threats or a previous history or conviction of violence.

FAQs

Frequently ask questions.

What is an example of an utter threat?

Threatening to kill someone or do bodily harm is an example of utter threat.

Is it hard to prove a verbal threat?

The cases that involve speech are not always easy to prove in court.

Is warning someone a threat?

If you are warning someone for their benefit, it is not a threat, but if you are warning someone to scare them, it is a threat.

Why do people make threats?

People threaten to maintain dominance over others, assert authority, or become superior.