Uttering threats is a criminal offence in Canada that involves threatening to cause harm to a person, their property, or their animals. This page provides an overview of the offence, potential penalties, and the importance of seeking legal representation if charged.
Uttering Threats: Criminal Code Definition
Uttering threats is defined under Section 264.1 of the Criminal Code.
264.1 (1) 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.
Elements of the Offence
To prove uttering threats, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was a threat to cause death or bodily harm, damage property, or harm animals.
- That the complainant reasonably perceived the threat as serious.
Potential Penalties for Uttering Threats
Penalties for uttering threats can vary:
- Summary Conviction: Up to 18 months in prison and/or a fine.
- Indictable Offence: Up to 5 years in prison for threats against a person, and up to 2 years for threats against property or animals.
Click here to learn more about the potential penalties for uttering threats.
Defences Available for Uttering Threats
Possible defences include:
- Lack of intent
- Mistaken identity
- Fabrication or false accusation
- Contextual interpretation of the words
Click here to learn more about the potential defences available for uttering threats charges.
Speak to an Assault Lawyer Today
A skilled criminal lawyer can provide essential guidance, challenge evidence, and develop a robust defence strategy. They ensure your rights are protected and work towards the best possible outcome for your case. Call (855) 585-1777 to receive a free consultation with an assault lawyer.
