Uttering Threats Defence
Lawyer Toronto

Get Support from a Trusted Uttering Threats Lawyer in Toronto

If you have been charged with uttering threats by Crown prosecutors, get the experienced legal advocacy and guidance you need to protect your rights and interests.

The team at 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 for an initial consultation with an uttering threats defence lawyer in Toronto, and let us stand up to prosecutors on your behalf.

Understanding Uttering Threats Charges

Under the Criminal Code of Canada, an uttering threats crime 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 these offences is to prevent people from intimidating or causing fear 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, psychological, mental, or emotional harm.

What Constitutes a “Threat”?

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 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.

How Uttering Threat Charges Work

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 ones of this nature, constitute “hybrid” offences that allow the Crown to prosecute 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 in a case involving an indictment.

Sentence Of A Threat Charge

The maximum penalty for uttering threats imposed for a conviction will depend on the circumstances of the charge and whether the Crown chooses to pursue the case by indictment or summary judgment. As an indictable offence, a conviction 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

What Happens if You’re Convicted

A conviction 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.

Uttering Threat Cases We Can Defend

At Posner Craig Stein LLP, our criminal lawyers in Toronto 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, via email, or via text message
• Sending a threatening note or letter
• Communicating threats combined with menacing acts or gestures

Our firm offers our legal services for cases involving uttering threats against family members, ex-spouses or partners, friends, housemates, co-workers, or strangers.

Defence Strategies for Uttering Threats

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

How Our Defence Lawyers Can Help You

Our experienced lawyers will be by your side throughout the entire process, from under investigation to appeals and beyond. The team at Posner Craig Stein LLP can help you pursue a favourable resolution to your charges 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 in 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

Get Help from an Uttering Threats Defence Lawyer to Fight for Your Rights

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 to discuss your options and pursue the best possible outcome to your case.