At some time, many of us, when we feel angry or upset, have likely said a threat.

Maybe you woke up because the neighbor’s dog was barking again. It was the third night in a row. You told your partner you would “kill that dog if he doesn’t shut up.” Or after a tough day at work, you told a friend you would “burn that place down” if things didn’t get better. You might have even told family that you would make your ex pay for leaving you.

Sadly, in certain situations, these could all be seen as making threats in Canada according to our country’s laws.

It is important to know what is considered a threat and what is not. Understanding how a charge for making threats under the Criminal Code of Canada can change your life is key. This knowledge helps you protect your rights and avoid any legal issues.

In this blog, we will explore what it means to utter threats. We will look at examples of uttering threats. We will also discuss the legal consequences a person may face if found guilty of this in Canada.

What is Uttering Threats?

The Criminal Code of Canada talks about threats in its section about Offences Against the Person and Reputation. Uttering threats is seen as a type of assault. A person is guilty of this if they knowingly “speak, send, or make someone receive a threat.”

The Criminal Code makes a difference between three clear types of threats:

  1. Threats to a Person: When someone says they will hurt or kill another person.
  2. Threats to a Person’s Pet: When someone says they will hurt or kill a pet or animal that belongs to another person.
  3. Threats to Property: When someone says they will burn, ruin, or harm someone else’s belongings or property.

The most important thing to remember about threats is that the threat is real in the mind of the person who feels harmed. It does not matter if you meant to act on the threat. What matters is that the person believed you had that plan.

Social media has made it very easy for people, especially minors, to threaten others. Sending a hurtful message that wants harm to someone or their belongings is simple. However, if the person who gets the message believes the threat is real, they can take legal action.

A comment on Facebook or a Tweet that threatens to cause death or harm can have serious consequences. This was shown in the recent case of a man named Bodnarchuk from Winnipeg. He was charged with assault for his posts online.

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What is the Punishment for Uttering Threats?

As you might think, since it is viewed as a type of attack, the punishment for those found guilty of making threats can be very serious.

Uttering threats is a serious crime. If found guilty, you might spend up to five years in prison. If it ends as a summary conviction, the time could be from six months to two years in jail. Even if you do not go to prison, you could still pay a fine of $5,000. Also, this will give you a criminal record that lasts forever.

But being charged with making threats can really change your life, even if you are not found guilty. If the judge at your hearing thinks you might be a danger to others, you will be held in custody until your trial.

This means you won’t be able to work. It could lead to losing your job or even having to leave your home. Because of this, people accused of making threats in cities like Toronto must find Toronto criminal lawyers. They need lawyers who can help them at their bail hearing. This way, they can continue their lives while waiting for the trial.

Uttering Threats Examples

One common example of making threats happens in a domestic relationship. Fights between partners can get strong. Sometimes, one partner fears the other might actually do what they say.

This kind of threat is seen as a type of assault. Law enforcement officers will take it very seriously.

Another common example of making threats involves property. In a fight between neighbors, one might say they will cut down the other’s tree if the branches are not trimmed. This may seem small, but if the threat is taken seriously, it could lead to legal troubles.

The example of making threats shows how fast angry words can lead to real results. If you face charges for making threats, you need a good criminal lawyer in Toronto. They can help you look at your legal choices.

The good news is that the Crown Prosecution can drop the charges if they feel there is not enough evidence to convict you. To get a conviction, the Crown Prosecution must show that you:

  • Said the threat on purpose
  • The supposed victim got the threat
  • You meant to make the supposed victim feel scared

An experienced criminal defence lawyer in Toronto will argue that at least one of these conditions is not true. They will say that the Crown should drop the case.

Getting into a heated argument with someone and then facing a criminal charge can be very scary. The label of being charged with assault, even if you didn’t hurt the other person, can affect your life in many ways.

If you want to clear your name and stop things from getting worse, call the best criminal lawyer in Toronto: Jeff Reisman Law.