Uttering Threats

Uttering threats is a serious criminal offence that directly impacts the sense of safety and security of individuals and property. This type of offence is thoroughly detailed in Part VIII of the Criminal Code, addressing "Offences Against the Person and Reputation."

Uttering Threats: Criminal Code Definition

The offence of uttering threats is detailed in section 264.1 of the Criminal Code, which identifies the act of knowingly uttering, conveying, or causing any person 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 that is the property of any person (s. 264.1(1)(c)).

Have you been charged with uttering threats? Call (306) 994-9522 to receive a free consultation with a criminal lawyer. 

Potential Penalties and Consequences for Uttering Threats

Uttering threats is treated as a hybrid offence in Canadian law. This classification allows the Crown to decide on prosecuting the case either summarily or by indictment. This decision is influenced by the specifics of each case, including the nature and severity of the threat, circumstances, criminal history of the accused and other factors. 

Uttering Threats Summary Conviction Penalties

When prosecuted summarily, uttering threats carries no mandatory minimum penalty. However, the maximum penalty can reach up to two years less a day in prison and/or a $5,000 fine. 

Uttering Threats Indictable Conviction Penalties

Similarly, there's no minimum penalty for cases prosecuted by indictment. The maximum penalties vary based on the type of threat:

  • Threatening property or animals can result in up to two years of imprisonment.
  • Threatening to cause death or bodily harm to a person carries a more severe maximum penalty of up to five years in prison.

Dispositions Available for Uttering Threats

Summary and Indictable Dispositions for Uttering Threats:

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

Are you facing charges stemming from uttering threats? Dial (306) 994-9522 to speak with a criminal lawyer about the details of your uttering threats case.

Potential Defences Against Uttering Threats Charges

Defending against charges of uttering threats requires a nuanced legal strategy focusing on the intent and circumstances of the alleged threat. The defence may argue the lack of intent to intimidate or that the words were not meant to be taken seriously. The context in which the threat was made, including the relationship between the parties and the accused's state of mind, are critical factors in formulating a defence.

Don’t Face Your Uttering Threats Charge Alone

An experienced criminal defence lawyer is essential when facing an uttering threats charge. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your specific case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with uttering threats. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.

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