Uttering threats is one of the top police-reported criminal incidents in Canada. It can lead to serious consequences. According to Criminal Code section 264.1, this crime is often associated with murders or assaults. While it may not be a grave crime as killing or attacking someone, the act of uttering threats is unlawful. You risk committing this crime by conveying or sending a threat to another person. It shows an intention to cause physical harm or death to a person, damage to property, harm to a bird or animal, etc. If you are guilty of this, you may face jail.
However, penalties can vary based on different situations or factors, such as the involvement of aggravating factors.
Uttering threats
You may not understand the implications of what you said in a specific circumstance. But it cannot be denied that you expose yourself to the risk of imprisonment. If you face the consequences or fear of being in that situation, talk to a recognized Toronto criminal law expert immediately. After listening to you, they can help you find a way out of this mess. Usually, threats can be conveyed verbally, in writing, or through gestures. If you make a hitting gesture with a fist at someone, it’s a form of threat in the eyes of Canada’s legal system. However, you can be proven guilty only when your act satisfies three main factors:
- The threat has to be authentic
- You threatened another person intentionally
- You said you will kill a person, cause physical harm, destroy property, or inflict damage on an animal
- The intention behind your actions or words will also be analyzed with these. Often, your fate depends on the opinion of the person you threatened. Even if you meant nothing, the alleged victim can take it otherwise. That means you can face a legal consequence. It is also relevant even if the victim didn’t receive the threat directly. Hence, context becomes a focus in these scenarios. More precisely, the status of your past or present relationship with the alleged victim and other factors will be examined.
Defence mechanism against charges for uttering threats
With the help of a reliable Toronto criminal law specialist, you can navigate this scenario efficiently. Your lawyer can present a reasonable person who witnessed everything and doesn’t see your words or conduct as a threat. Many other techniques can also be tried if required. For instance, prosecutors must present reasonable proof that it was a conscious threat intending to intimidate the alleged victim. You can deny that if you didn’t threaten anyone. The threats will also be analyzed based on their seriousness. The court may be lenient if the victim is not harmed or slightly distressed. Sometimes, lawyers may cite drunkenness as a factor. Although not a defence, it can help minimize your sentence. The court will decide on your conviction based on your demeanour, which may have been influenced by drugs or alcohol.
Legal cases tend to be complex. Many are fought for months and years due to a lack of witnesses, evidence, court schedules, and legal complexities. However, you deserve a fair and timely trial. To strengthen your side of the story, you must hire an expert.
Source: Brian Ross, Criminal Defense Lawyer, Toronto, Canada
