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Defending Uttering Threats Charges

In Western Canada, uttering threats is a serious criminal offence under Section 264.1 of the Criminal Code of Canada. Whether the threats are made verbally, in writing, or through any other form of communication, they can result in severe legal consequences, including fines, imprisonment, or both.

Often, allegations of uttering threats to cause bodily harm or death arise from domestic disputes and may be accompanied by other criminal charges such as assault or mischief. In these cases, a nuanced approach is required, considering both the future needs of the parties involved and the public interest in maintaining family harmony.

What Constitutes Uttering Threats?

Uttering threats involves conveying a threat to:

  • Cause death or bodily harm to another person.

  • Damage or destroy property.

  • Harm or kill an animal belonging to another person.

The threat does not need to be made directly to the intended target. It can be communicated indirectly through a third party or via any medium, including social media, email, or text messages. Importantly, the Crown must prove that the accused intended to cause the recipient of the threat to fear for their safety or the safety of others.

Defending Uttering Threats Charges

If you are facing charges of uttering threats, it is crucial to seek legal advice from an experienced criminal defence lawyer. Ryan Patmore, a seasoned criminal defence lawyer based in Calgary and serving clients across Western Canada, can provide the guidance and representation you need. Ryan understands the complexities of uttering threats cases and can help you navigate the legal system to achieve the best possible outcome.

Frequently Asked Questions

    • The accused does not need to communicate the threat directly to the victim. Indirect threats made to a third party can still result in a conviction.

    • The law focuses on the intent of the person making the threat. Even if the recipient didn’t take the threat seriously, a conviction can still occur if the threat was intended to cause fear.

    • The credibility of the threat is not solely based on whether it could be carried out. The key factor is whether the accused intended the threat to be taken seriously and cause fear.

Consequences of an Uttering Threats Conviction

A conviction for uttering threats can have long-lasting consequences. If the offence is prosecuted as an indictable offence, the maximum penalty is five years in prison. For a summary conviction, the maximum penalty is 18 months in prison. In addition to imprisonment, fines, and a criminal record, a conviction can significantly impact your future, including employment, housing, and travel opportunities.

Why You Need Ryan Patmore Criminal Defence

Facing uttering threats charges can be overwhelming, but you don’t have to face them alone. Ryan Patmore Criminal Defence has extensive experience defending clients against these types of allegations. Ryan will work diligently to assess the evidence, identify potential defences, and negotiate with the Crown prosecutor to seek the most favourable outcome for your case.

If you are charged with uttering threats, contact Ryan Patmore Criminal Defence today to discuss your case and protect your rights.If you or a loved one is facing criminal charges, engaging a skilled lawyer early in the process is vital to securing the best possible outcome.