Uttering Threats Defence Lawyer In Toronto

What is considered uttering threats in Ontario?

Making threats is listed in Part VIII of the Criminal Code of Canada as a crime against a person and their reputation.

It is more specifically seen as a type of assault.

Anyone who knowingly says, shares, or makes someone receive a threat is committing an offense.

• (a) to cause death or harm to any person;
• (b) to burn, destroy, or damage real or personal things; or
• (c) to kill, poison, or hurt an animal or bird that belongs to any person.

The most common charges are about making threats of death or harm against someone else.

If the person who claims to be a victim makes a police complaint, you could be charged with this crime if you:

• Said serious threats to the person
• Made the person receive a threat

You do not need a reason for the threat. You can still be charged, even if you could not carry it out.

You do not have to say anything to get charged. Threats made through mobile apps or social media are now seen as serious as threats said in person.

Even making a physical act, like a throat-slashing gesture to someone, can be seen as a threat. This can lead to legal charges.

You can be charged for making a threat even if it is not directed at a specific person. It could be targeted at an unknown person in a group.

A conditional threat is a punishable crime. This happens when you threaten to do something if the other person does not listen to what you say.

In Toronto, charges of making threats often come with other charges. These can include domestic assault or criminal harassment.

Possible outcomes of being found guilty of making threats.

To get a conviction, the Crown Prosecution must show that you:

• Made the threats on purpose
• Made sure the person heard the threats
• Wanted to make the person feel scared

The judge will think about if a reasonable person would see your words, messages, or actions as a threat of death, harm to someone, or damage to someone’s real or personal property.

If you are found guilty, your punishment for making threats will rely a lot on the details of the crime.

There is a lot of room for the prosecution in these kinds of cases. The Crown Attorney can choose to seek a summary conviction or an indictable one.

What is the sentence for uttering threats?

The Criminal Code says that if a person is found guilty of an indictable offence, they could go to prison for as long as five years.

Most cases of making threats will be dealt with as summary convictions. The punishments in these cases may include:

• A maximum jail term of 6-24 months
• A $5,000 fine
• A permanent criminal record

Having a criminal record may change your job opportunities, travel plans, residency status (for non-Canadians), and other parts of your future.

This, indeed, makes escaping a conviction very important.

Hiring Jeffery Reisman will give you a strong defense against a charge of making threats.

Can the Crown withdraw uttering threats charges?

The Crown Prosecution can drop the charges of making threats against you. This can happen if they feel there is not enough proof to get a conviction.

Trials cost a lot of money and take a lot of time. If there is not a good chance to win a conviction, the charges will be dropped.

This is better for most defendants and is common when dealing with threats. This is because such cases are hard to prove.

Once a criminal charge is brought against you, the police cannot take it back. This is true even if the person who complained about you decides to withdraw their complaint. Only the Crown Attorney can remove the charge.

The complainant could be ordered to appear as a witness. They might have to go to court even if they do not want to.