Uttering threats is a criminal offence that involves threatening to harm someone or their property.
Uttering Threats: Criminal Code Definition
Uttering threats is defined under Section 264.1 of the Criminal Code.
264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person.
Elements of Uttering Threats
To prove uttering threats, the Crown must establish:
- The identity of the accused.
- The date and nature of the threat.
- That the threat was made knowingly.
- That the threat was meant to be taken seriously.
Potential Penalties for Uttering Threats
Penalties for uttering threats can vary:
- Summary Conviction: Up to 6 months in prison and/or a fine.
- Indictable Offence: Up to 5 years in prison.
Click here to learn more about the potential penalties for uttering threats.
Defences Available for Uttering Threats
Possible defences against uttering threats charges include:
- Lack of Intent: Showing that there was no intent to threaten.
- Freedom of Expression: Arguing that the statement was protected under free speech rights.
- Conditional Threats: Demonstrating that the threat was conditional and not meant to be taken seriously.
Click here to learn more about the potential defences available for uttering threats charges.
Speak to a Criminal Lawyer Today
Facing charges for uttering threats requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can challenge the evidence, develop a robust defence strategy, and ensure your rights are protected throughout the process. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
