The Criminal Code of Canada very broadly defines what is considered the criminal offence of threats. Some of the more common offences people are charged with are “Uttering Bodily Harm,” “Uttering Death,” and “Uttering Threats” (to damage or destroy property).
A person may be charged with uttering threats, as long as they knowingly conveys or utters the treat in the presence of another person, who honestly believes a threat is being made either against them or another person. In addition, the person uttering the threat does not have to have a motive for making the threat, nor do they have to have the means in order to carry out the threat. However, the treat must be considered serious or be taken seriously.
A threat could be a threat to inflict physical harm or death to another person, or to burn, destroy, or damage real or person property, or to inflict physical harm or death to a pet that belongs to another person.
The Criminal Code of Canada’s Definition of Uttering Threats
Section 264.1 of the Criminal Code of Canada defines the criminal offence of uttering threats, summarized, as follows:
(1) Any one commits this offence, when, in any manner, they knowingly convey, utter, or cause another person to perceive the utterance as a threat to
- Cause bodily harm or death to any person,
- Destroy, damage, or burn personal or real property, or
- Poison, injure, or kill any bird or animal that is considered the property of another person.
Why Should You Retain Passi & Patel Criminal Lawyers for Threat Offences?
The penalties for being found guilty of uttering threats criminal offences depends upon whether the Crown decides to convict by summary judgement or by indictment. If convicted by indictment, there is a maximum imprisonment period of five years. Further, if the accused made the threats against another person’s real or personal property or pet, and convicted by indictment, the maximum imprisonment period is two years.
If you, a loved one, or friend has been charged with uttering threats, it is not in your best interests to plead guilty or take a plea agreement to attempt to resolve the matter quickly. You should always speak to an experienced Mississauga criminal lawyer first. If the threat was of a serious nature, there can be very serious consequences,as mentioned above that not only affect your livelihood, but also that of your friends and family.
This is the reason why it is crucial for you to retain the services of a Mississauga criminal lawyer, who has knowledge and experience defending people against charges of uttering threats. At Passi & Patel, our Mississauga criminal defence lawyers have the expertise to help you obtain the best possible results. Contact our law firm now at 289-803-5076 for a free consultation and case evaluation appointment. One of our Mississauga criminal lawyers is happy to meet with you and discuss the circumstances surrounding your case.