Uttering threats constitutes a grave criminal offence and creates the perception of  significant risks to the well-being and property of individuals. This offence is detailed extensively in Part VIII of the Criminal Code, which covers "Offences Against the Person and Reputation."

Criminal Code Definition of Uttering Threats

The Criminal Code section 264.1 specifically defines the offence of uttering threats. It involves the deliberate act of making, communicating, or causing someone to receive a threat to:

  • Cause death or bodily harm to any person (s. 264.1(1)(a)).
  • Burn, destroy, or damage real or personal property (s. 264.1(1)(b)).
  • Kill, poison, or injure an animal or bird belonging to any person (s. 264.1(1)(c)).

Facing charges of uttering threats? Reach out at (855) 585-1777 for a complimentary consultation with a criminal lawyer.

Penalties and Outcomes for Uttering Threats

Canadian law recognizes uttering threats as a hybrid offence, providing the Crown the discretion to proceed summarily or by indictment based on the specifics of the case and the gravity of the threat.

Penalties for Summary Conviction of Uttering Threats

In summary proceedings, there is no prescribed minimum penalty for uttering threats. The maximum penalty can extend to two years less a day in prison and/or a fine up to $5,000.

Penalties for Indictable Conviction of Uttering Threats

For indictable proceedings, there is similarly no minimum penalty. Maximum penalties differ based on the nature of the threat:

  • Up to two years in prison for threats against property or animals.
  • A more severe maximum of up to five years in prison for threats to cause death or bodily harm to a person.

Available Dispositions for Uttering Threats

Both summary and indictable convictions for uttering threats can result in a range of sentences:

  • Discharge
  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Imprisonment
  • Imprisonment + Probation
  • Imprisonment + Fine
  • Conditional Sentence

Charged with uttering threats? Contact us at (855) 585-1777 to discuss your case with a criminal lawyer and explore your options.

Defending Against Uttering Threats Charges

Mounting a defence against charges of uttering threats demands a strategic legal approach that examines the intent and context of the alleged threat. Arguments may center on the absence of intent to intimidate or the non-serious nature of the communication. Factors such as the circumstances under which the threat was made, the relationship between the involved parties, and the mental state of the accused are pivotal in crafting a defence.

Don’t Face Your Uttering Threats Charge Unaided

A seasoned criminal defence lawyer is vital when dealing with an uttering threats charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you have been accused of uttering threats. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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