Ines Gavran
Toronto Threats Criminal Defence Lawyer
Uttering threat charges carry significant consequences if a threat was made to someone with whom the person charged had a pre-existing relationship
Your right to be free from arbitrary detention or arrest.
Information
Your right to be informed of the reason for the arrest.
Silent
Your right to remain silent.
Reasonable Time
Your right to be tried within a reasonable time.
Consult with Criminal Defence Lawyer in Toronto
Criminal Defence Lawyer defends utter threats charges – Toronto, Brampton, Mississauga, North York
The threat is considered a criminal offence if the threat is to cause death or bodily harm to any person. Uttering threat charges carry significant consequences, including jail sentence, especially if a threat was made to someone with whom the person charged had a pre-existing relationship, such as a romantic partner.
Utterind death Threats
Criminal Code
What is Uttering Threats to Cause Death or Bodily Harm
Under section 264.1(1) of the Criminal Code, uttering threats is when a person knowingly utters, conveys or causes any person to receive a threat in any manner. In order to prove the uttering threat charge, the Crown Attorney needs to prove that the accused intended their threat to intimidate or to be taken seriously. For example, a person saying a threat in a jokingly manner would not be found guilty of uttering threats. However, the Crown does not need to prove that the accused person intended to go ahead and carry out the threat. It is not a defence to utter threat charge that the action behind the threat was not carried out or that the threat could not be carried out. The threat can be made “in any manner”. This means that a person does not need to say threatening words. The threat can be written, such as made over a text message, over social media (Facebook, Snapchat, Instagram etc.), or by email. A threatening action or gesture can also be considered as a threat. The Crown Attorney does not need to prove that the threats were conveyed to the intendent person or that anyone was actually intimidated or made fearful as a result of the words uttered. This means that the intended threat does not need to be made directly to a certain person. As long as a person makes the threat in a manner that is intended to be taken seriously or intimated, a finding of guilt can be made.
Punishment for uttering threats
Uttering threats is a hybrid offence. In cases where the threat is against a person or property, the maximum sentence is five years imprisonment. With respect to threats against animals, the maximum sentence is two years imprisonment. In cases where the Crown considers the threat to be on the lower level of seriousness, they can elect to proceed “summarily”. In those cases, uttering threats is a “super summary offence”, carrying a maximum sentence of 18 months in jail.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with uttering threats to cause bodily harm or death, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
All Rights Reserved.