Uttering Threats

What is Uttering Threats

Definition: The Criminal Code of Canada (Section 264.1) defines this offence as knowingly conveying a threat of serious bodily harm or death to another person (or their pet). It can also involve threats to damage property.

Important Points

It doesn’t matter if the person making the threat intended to carry it out. The focus is on causing fear in the person the threat is directed towards.
Threats don’t have to be spoken. They can be written, communicated through gestures, or made online.
The person receiving the threat doesn’t need to be the only one who heard or saw it.

Common Evidence:

Witness statements (people who heard or saw the threat).
Written communication such as texts, emails, or social media posts.
Recordings (voicemail, video footage).
Testimony regarding the impact of the threat on the intended recipient.

Penalties for Uttering Threats

Uttering Threats can be treated as either a summary conviction or an indictable offence, depending on the severity and context:

Summary Conviction: Less serious cases.

Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More serious cases.

Maximum Penalty: Up to 5 years in prison.

How We Can Help

Securing Your Release: An arrest for uttering threats can sometimes lead to a release from the police station with a court date. If you’re detained, we’ll fight hard to secure your release on bail with the least restrictive conditions possible.

Fighting the Charges: Every uttering threats case is different. We’ll carefully examine all aspects of the situation in order to build a strong defence. Potential arguments might include:

The words used didn’t actually constitute a true threat.
The threat was made in the heat of the moment and wasn’t meant.
The communication was intended for someone else.
The alleged victim doesn’t feel threatened.

Frequently Asked Questions

What if it was just a joke?

Context matters. Even if you didn’t mean it seriously, if the recipient felt genuine fear, charges are possible.

Can I be charged for online threats?

Absolutely. Threats posted on social media, even if meant in jest, can have real consequences.

What if I only threatened to damage property?

It’s still a form of uttering threats and a serious offence.

Let's Talk About Your Case

Uttering threat charges can have significant impact on your life. Don’t wait to seek legal advice. Contact us for a free consultation to understand your specific situation and discuss potential defences.

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