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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.
What You Need To Know:
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.
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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.
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.
Good To Know:
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.
Am I Able To?
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.
What Comes Next?
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