Uttering Threats Lawyer in Toronto

If Crown prosecutors have charged you with committing the offence of uttering threats in Toronto, get the experienced legal advocacy and guidance you need to protect your rights and interests. The team with Posner Craig Stein LLP has over 85 years of combined experience in criminal trial and appellate litigation, including severe and complex criminal matters, and we have been recognized by Canadian Lawyer as one of the top criminal law boutiques for 2024-2025. Contact us today for an initial consultation with an uttering threats defence lawyer in Toronto, and let us stand up to prosecutors on your behalf.

Under the Criminal Code of Canada , the crime of uttering threats occurs when a person knowingly utters, conveys, or causes a person to receive a threat:

• To cause death or bodily harm
• To burn, damage, or destroy real or personal property
• To injure, poison, or kill a person’s animal

The goal of prosecuting the offence of uttering threats is to prevent people from intimidating or causing fears of harm or property damage. A “threat” can include any statement claiming that the intended recipient of the statement will experience some ill effect. An injury can also include physical and psychological, mental, or emotional harm. 

Whether a statement constitutes a “threat” will depend on various factors, including:

• The specific words communicated by the defendant
• The circumstances under which the defendant communicated the purported threat
• The person to whom the defendant communicated the purported threat and that individual’s situation
• The nature of the relationship between the defendant and the alleged victim

Crucially, a defendant may still face conviction for uttering threats even if the alleged victim did not feel threatened by the defendant’s statements. Instead, the law focuses on the threatening nature of the defendant’s statements and the defendant’s intent in making them. Moreover, a defendant does not need the intent to carry out their threat; they merely need the intent to threaten the victim. 

Under s. 246.1 of the Criminal Code, the Crown prosecution can proceed by indictment or summary conviction. The law presumes that the prosecution will pursue an offence by indictment until the Crown affirmatively elects to proceed by summary conviction. Indictable offences include more severe crimes, although some offences—including uttering threats—constitute “hybrid” offences that allow the Crown to prosecute the offence via indictment or summary conviction.

However, when the Crown chooses to prosecute a person for uttering threats by summary conviction, the proceeding will not involve a jury trial. Instead, the judge presiding over the case will determine the defendant’s guilt. When the Crown chooses to proceed by summary conviction, a defendant will typically face less severe penalties than a case involving an indictment for uttering threats.

The sentence imposed for a conviction for uttering threats in Toronto will depend on the circumstances of the offence and whether the Crown chooses to pursue the case by indictment or summary judgment. As an indictable offence, a conviction for uttering threats can result in a sentence of:

• Up to two years in prison for threats to burn, damage, or destroy a victim’s property
• Up to two years in prison for threats to injure, poison, or kill a victim’s animal
• Up to five years in prison for threats to cause injury or death to a victim

Should the Crown prosecution choose to pursue an uttering threats offence via summary conviction, a defendant may receive a sentence of up to two years less a day in jail, a fine of up to $5,000, or both jail time and a fine. 

In some circumstances, a court may impose other aspects to a defendant’s sentence, including:

• A weapons prohibition order precluding the defendant from owning or possessing a firearm, crossbow, ammunition, or explosives
• A victim fine surcharge
• A non-communication order barring the defendant from communicating with the victim or witnesses in the case

An individual facing prosecution for uttering threats may pursue defence strategies to challenge the Crown’s case and pursue a dismissal or acquittal. Defences commonly raised in cases involving charges of uttering threats include:

• Lack of intent: A defendant may argue that they lacked the intent to threaten the alleged victim when they communicated their statement(s) or that the defendant made the statements in jest.
• Lack of threatening language: Defendants facing charges of uttering threats may argue that their statements contained ambiguous language that did not rise to the level of a threat. 
• Mistaken identity: A defendant may claim that the victim or an eyewitness erroneously identified them as the person who communicated the threat.

Defence strategies can also focus on challenging the credibility of the alleged victim or eyewitnesses by showing that a victim or witness had a motivation to fabricate their testimony or that an eyewitness did not have an ideal position to view or hear the alleged threats. Defendants may also seek to exclude information that was obtained in violation of their rights.

A conviction for uttering threats can have long-term consequences in addition to a prison sentence or fines. Defendants subject to a weapons prohibition or non-communication order may face future criminal prosecution if they violate the terms of those orders by possessing weapons or contacting the victim or witnesses in the case. Furthermore, the stigma of a criminal record can make it challenging for a person with a past conviction for uttering threats to pursue educational, employment, or housing opportunities since a conviction can appear on a background check and adversely affect a person’s application. 

A criminal defence lawyer from Posner Craig Stein LLP can help you pursue a favourable resolution to your charges of uttering threats by:

• Investigating the circumstances to obtain all available evidence in the case, including exculpatory evidence and witness testimony that can help your defence
• Explaining your charges and discussing the possible outcomes of your case to help you make informed decisions for your best interests
• Vigorously contesting the Crown’s case, including by filing motions to challenge evidence or dismiss your charges for lack of evidence
• Presenting a compelling defence at trial, if necessary to fight for your rights, reputation, and freedom

At Posner Craig Stein LLP, our Toronto uttering threats lawyers can help you protect your interests and future when facing allegations such as:

• Verbally threatening to injure or kill another person
• Sending intimidating or threatening messages online or via email or text message
• Sending a threatening note or letter
• Communicating threats combined with menacing acts or gestures

Our firm handles uttering threats cases involving family members, ex-spouses or partners, friends, housemates, co-workers, or strangers. 

If you’ve been charged with uttering threats in Toronto, you need experienced legal representation to help you protect your rights, reputation, and future. Contact Posner Craig Stein LLP today for a confidential consultation with a knowledgeable criminal defence lawyer to discuss your options for pursuing the best possible outcome to your case.