Yes, you can go to jail for saying death threats. In the Criminal Code, this is an offence known as uttering threats. The sentencing proceeds as follows: Summary Dispositions: minimum: none; maximum: 2 years less a day and/or 5000 fine. Indictable Dispositions: minimum:none, maximum: 2 years incarceration, 5 years incarceration
Factors That Affect Sentencing
Any plea bargaining agreements or co-operation with the prosecution authorities
Whether the accused entered a plea agreement with the prosecutor in exchange for a reduced penalty, or provided information or assistance to the authorities during the investigation or prosecution.
Mitigating factors, like coercion or need
Refers to circumstances that may lessen the responsibility or moral culpability of the accused, such as acting under duress or coercion or because it was necessary to prevent greater harm.
Any mitigating or aggravating circumstances that may be presented by the prosecution or the defence.
Evidence or arguments presented by both the prosecutor and the defence that could affect the punishment, such as evidence of the accused’s previous bad acts or extenuating circumstances such as mental illness or addiction.
Military or public service performed by accused
Refers to the defendant’s military service, public service or other achievements that may be relevant to their sentence.
Relevant laws, policies and case law in the jurisdiction of the offence
Indicates the specific laws, policies, and case law in the jurisdiction where the offence was committed that may affect the sentence, such as mandatory minimum sentences, sentencing guidelines, or prevailing community attitudes towards punishment.
Accused's co-operation with authorities
Sentencing may take into account how well you have cooperated with law enforcement and other authorities in investigating and prosecuting your case.
Age and mental/physical health of the offender
The defendant’s age and any physical or mental health problems may be relevant to the court in determining an appropriate sentence. For example, an older defendant or one with a serious health problem may be given a lighter sentence.
Role of the defendant in the offence
The role played by the defendant in the commission of the offence may have an impact on the sentence – a principal or a co-conspirator may receive a more severe sentence than an accomplice or someone who played a minor role.
Financial resources and ability of the defendant to pay fines
A defendant’s financial resources and ability to pay fines or other financial penalties may be taken into account in determining an appropriate sentence. The court may consider whether a defendant has the ability to pay restitution to the victim(s) and/or fines to the state.
Deter the accused and others
Sentencing may be influenced by the aim of deterring the accused and others from committing similar offences in the future. A harsh sentence may act as a deterrent, whereas a more lenient sentence may not have the same effect.
Safety and security of the public
Public safety and protection is a key consideration in sentencing. A defendant who poses a significant threat to public safety may be sentenced more severely to ensure he cannot commit further offences.
Ability to rehabilitate the accused
The defendant’s potential for rehabilitation, or ability to be successfully treated or trained not to reoffend, may be considered in determining an appropriate sentence A defendant who appears likely to be successfully rehabilitated may be sentenced more leniently.
Penalty guidelines and mandatory minimums
Sentencing guidelines and mandatory minimum sentences set by state or federal law may be a factor in determining a sentence. The court must follow these guidelines and mandatory minimum sentences, although it may have some discretion in certain cases.
Aggravated or extenuating circumstances under the law
Statutory aggravating circumstances are elements of the offence or of the defendant’s conduct that increase the severity of the sentence, while mitigating circumstances are elements that decrease the severity of the sentence. These factors are often specified in state or federal law.
Community and judicial approaches to sentencing
Community and judicial views on the appropriate punishment for a particular offence may be a factor in determining a sentence. Public opinion and the views of the judge or sentencing panel may influence the perceived severity of a particular sentence.
Defendant co-operating with Authorities
The extent to which the defendant assisted police or other authorities in investigating or prosecuting the offence may be considered a sentencing factor.
Age and mental and physical health of the defendant
Age, mental health and physical health of an accused person are relevant to sentencing because they affect his or her ability to understand consequences of his or her actions and his or her ability to reform.
The role of the accused in the offence
The role of the defendant in the commission of the offence may also be taken into account. Those who have played a leading or more active role often receive a more severe sentence.
Type and circumstances of crime
This factor relates to the specific details and events surrounding the commission of the offence, including the means used and the aggravator and extenuating factors.
Previous record
This factor considers the defendant’s previous criminal history, including any previous convictions, as well as the defendant’s history of having been sentenced.
Defendant's Character and History
This factor considers the overall background of the accused, including education, employment, family circumstances, and any history of drug or alcohol abuse.
Remorse, or lack thereof, of the defendant
This factor takes into account the defendant’s expression of remorse for the offence committed. It includes any apology or expression of regret.
Victim(s) Impact of the crime
This factor assesses the physical, emotional and financial harm suffered by the victim(s) as a result of the offence and the impact the offence has had on their lives.
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Been Arrested or Charged with A Criminal Offence? Get Help Now!
If you have been arrested or need assistance with a criminal matter, contact me to discuss your case.
Jeffrey I Reisman
Criminal Defence Lawyer
1000 Finch Ave. West, Suite 705 A
Toronto, ON M3J 2V5
Phone:Â 647-370-4282
Email:Â jeffreyireisman@gmail.com
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