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Uttering threat charges carry significant consequences if a threat was made to someone with whom the person charged had a pre-existing relationship

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Utterind death Threats

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.

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.

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Client Reviews

Portal Plates
Portal Plates
2025-09-10
Ms.Gavran is everything you want in a lawyer. Capable, confident and gets positive results.
Menezes1508
Menezes1508
2025-07-05
⭐⭐⭐⭐⭐ A True Defender in and out of the Courtroom As a deployed soldier, I never imagined I'd be fighting a battle back home—a legal one, brought on by false accusations from an ex-partner. In a country I serve to protect, I found myself suddenly needing protection. That’s when Ms. Ines Gavran entered the picture—and I can honestly say, I do not know where I would be without her. Referred to me by another respected lawyer in Ottawa, Ines proved to be the best decision I could’ve made. She is not only a brilliant trial lawyer but a force to be reckoned with in court. Her preparation is meticulous, her strategy razor-sharp, and her passion for justice burns through every step she takes. She fought relentlessly for me and secured a full acquittal—something I feared might never be possible. Her courtroom presence is powerful—her cross-examinations exposed all the lies and inconsistencies. Outside of court, she was my calm and steady guide, offering excellent advice and support. I truly felt protected with her by my side. She became the armour I needed during an attack on my name, my freedom, and my future. Ines is the perfect balance: aggressive when the fight demands it, composed and easygoing when strategy calls for calm. Not once did she back down, even when the odds were against us. Her energy, intelligence, and sheer determination to win are rare qualities. She truly cares about her clients, and that comes through in everything she does. If you're in Toronto or anywhere in Ontario and need legal help—do yourself a favour and call Ms. Gavran. She will not disappoint. She fights like your freedom depends on it—because to her, it does. I’ll be forever grateful.
Everton Green
Everton Green
2025-06-10
I would like to express my deepest gratitude to Ines Gavran for the exceptional job she did as my lawyer. Her professionalism, dedication, and attention to detail were truly impressive throughout the entire process. Ines was not only knowledgeable and strategic, but also compassionate and understanding. She took the time to listen, explain every step clearly, and always made me feel supported and informed. Her hard work and expertise led to an outcome I’m incredibly grateful for. Thank you, Ines, for everything you’ve done. Your commitment and skill made all the difference, and I couldn’t have asked for better representation. Highly recommended!
Pamela Rodriguez
Pamela Rodriguez
2024-02-25
Ms. Gavran was incredibly helpful and kept active communication throughout my case, and she also offers very accessible services.
Carlos Henrique Schon
Carlos Henrique Schon
2023-04-29
Ms. Gavran was my best voice ever, she was always there to help even beyond my needs, HIGHLY RECOMMENDED, thank you so much Ines!
Alexandra Mendizabal
Alexandra Mendizabal
2023-03-03
Ines thank you so much for all that you have done. She is professional, hard working, and I just know that I'm in the right hands. You know how much you mean to me and my little girl. Thank you thank you thank you Ines.

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