Being charged with a ‘uttering threats’ to threaten death or bodily harm is an extremely serious charge
Let Adam Goodman help you. Adam Goodman practices criminal law in Greater Toronto Area and has the necessary experience in defending people who have been charged with ‘uttering threats’.
Adam has the know-how to be resourceful, aggressive & relentless in presenting the best possible case to defend your ‘uttering threats’ charges.
Adam Goodman’s clients come first
Adam Goodman does not run a stuffy traditional law firm. He regularly meets with clients at times that work for their busy schedules and he will happily arrange for an evening or weekend appointment.
Why it’s essential you hire an experienced criminal lawyer
In Canada it is illegal to engage in certain types of threatening activity. Uttering threats charges are a very common part of Adam Goodman’s criminal law practice.
Just because you’ve been charged with uttering threats, that does not mean you will be convicted. A lot uttering threat charges that go to courts in Canada will go unproven when individuals have proper legal representation.
Even though it may not feel like it, remember you are on consider innocent until proven guilty. Uttering threats cases are complex and there are hundreds of variables, do not assume that you do not have a defence.
An experienced criminal lawyer will have huge list of possible uttering threat defences that may apply to your scenario and possibly allow your case to be dismissed. This is why it is essential you hire a criminal attorney who has the experience in courts with defending uttering threats charges.
What happens if you are convicted of an ‘uttering threats’ charge
Sentencing for uttering threats, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender. Sentences can range from an absolute discharge to, in the case of a threat of death or bodily harm, a maximum of five years in the penitentiary.
Potential ‘uttering threats’ defences:
- Factual innocence – in cases where the threat was never uttered.
- The threat had an innocent meaning or was made in jest and not meant to be taken seriously.
- A reasonable person would not have felt the words conveyed were a threat of death or serious bodily harm.
Uttering Threats FAQs:
What is the charge of uttering threats?
The offence of uttering threats is defined in s. 264.1(1) of the Criminal Code of Canada: Every one commits an offence who, in any manner, knowingly utters, conveys, or causes any person to receive a threat a) to cause death or bodily harm to any person; b) to burn, destroy or damage real or personal property; or c) to kill, poison or injure an animal or bird that is the property of any person.
I had no actual intention of carrying out the threat, why am I being prosecuted?
Except in cases were the words uttered were spoken in jest or were meant to have an “innocent” meaning, it does not matter whether the person the threat was made against took it seriously or appreciated that they were being threatened (they don’t even need to be aware that the threat was made). Likewise, the person uttering the threat need not have had any intention to carry out the threat. The question is whether the threat was meant to intimidate or be taken seriously. Like any case, the Crown must prove, beyond a reasonable doubt, all of the essential elements of the offence.
Are there domestic uttering threats charges?
The charge of uttering threats is often laid in a domestic context. This involves an allegation of uttering threats by one individual against the other party in a domestic relationship (marriage, common-law, romantic relationship, etc.). In some Toronto courthouses, domestic charges are prosecuted by a special team of Crown Attorneys.
Is a peace bond available for a charge of uttering threats?
Depending on the seriousness of the charge a peace bond may be available. Only the Crown Attorney can consent to such a resolution before a trial.
I was angry and called the police and told them about the threat but I didn’t expect anyone to be charged, can I withdraw the charges?
Only the Crown Attorney has the authority to withdraw charges before a trial. In certain cases a lawyer may be able to convince a Crown Attorney to resolve a matter in such a fashion
How much does it cost to hire Adam Goodman?
In most cases, a retainer (usually between $2000-4000) is required to begin working on your matter. Depending on the circumstance, Adam may consider working on a contingency or partial contingency basis. Adam’s law practice offers payment plans and also accepts various forms of payment including debit and credit cards.
What should you do next?
Remember it costs you nothing to pick up the phone to find out your rights. Contact one of Adam Goodman’s Toronto offices today for a free assessment of your uttering threats case and let him help lessen your stress and worries about your legal matter(s).