Uttering Threats Lawyer Toronto

Suppose you are facing uttering threats charge. In that case, the availability and strength of an effective defence strategy depends on the unique facts of your case and the available evidence. Here are some of the defence options that may prove helpful when defending charges that involve uttering threats.

Inability to Reasonably Perceive the Utterances as Threats

To secure a conviction for uttering threats charge, the Crown must prove both the actus reus (guilty act) and mens rea (guilty mind) beyond a reasonable doubt. The context in which the words were spoken or written, considering the audience and circumstances, is pivotal.

The words must be objectively assessed, and if they wouldn’t reasonably be perceived as a threat by a reasonable person, the actus reus element isn’t satisfied. Demonstrating that the words wouldn’t alarm a reasonable individual aware of the situation can undermine the prosecution’s case, leading to an acquittal. That means the prosecutor will not obtain a conviction for the charges of uttering threats of death or bodily harm.

Lack of Intent

The mens rea or guilty mind element of the offence of uttering threats necessitates demonstrating that the accused intended for the words uttered to be taken seriously. If it can be proven that the threats were not intended to cause alarm or were made in jest, the mens rea requirement isn’t fulfilled. This will invalidate the uttering threats charge against you.

Instances where the accused was intoxicated, had a mental impairment or made the statement in a non-serious context, such as jest or hyperbole, can negate the intent element. For instance, utterances made jokingly or under the influence of substances may lack the requisite seriousness to constitute a threat of death or bodily harm in the eyes of the law.

Ambiguous Language

A viable defence against an uttering threats charge revolves around the ambiguity of the language used. If the words uttered can reasonably be interpreted in multiple ways, including non-threatening ones, it may not constitute a threat. For instance, phrases like “I’ll get you” in isolation lack specificity. They could be interpreted in many ways and may not amount to a threat of bodily harm or destruction of real or personal property.

By demonstrating that there’s a plausible alternative meaning to the actual words spoken, defendants can potentially refute the allegation of making threats. Remember, you need a knowledgeable lawyer with a deep understanding of Canadian law to defend you and protect your rights.

Identity Defense

In certain cases, challenging the accusation based on mistaken identity can serve as a valid defence against uttering threats charge. If you have been wrongly identified as the perpetrator, presenting evidence to establish your absence from the scene of the alleged offence is crucial. This may involve providing corroborative evidence such as an alibi to demonstrate that you couldn’t have committed the offense.

Work with our lawyers to prove that you were not present at the time the complainant was being threatened. It’s also possible to present evidence that casts doubt regarding your involvement in the offence of uttering threats.

Complainant’s Credibility

Questioning the credibility of the complainant can be a pivotal defence tactic, particularly in cases where threats were allegedly made in person without witnesses. If there are doubts regarding the truthfulness of the complainant’s account, it can cast uncertainty on the prosecution’s case.

In such instances, the court may need to rely on testimonies or make inferences to establish the sequence of events accurately. Gaps or inconsistencies in the complainant’s testimony can be highlighted to challenge the validity of their claims. This can create a reasonable doubt in the minds of the jury or judge.

Possible Charter Defenses

The Canadian Charter of Rights and Freedoms provides certain rights and protections to individuals, including those accused of uttering threats. If law enforcement authorities violate these rights, whether intentionally or unintentionally, it can significantly impact the case against the accused. Section 24(2) of the Charter allows for the exclusion of evidence obtained in violation of an individual’s Charter rights.

Therefore, if there has been a breach of your Charter rights before or after your arrest, you may be able to challenge the admissibility of evidence presented by the Crown. This could weaken the prosecution’s case and increase the likelihood of a favourable outcome for the accused.

Ultimately, our goal is to create a well-thought-out defence strategy aimed at achieving the best possible outcome in your case. We can achieve a favourable outcome through negotiation with the prosecution, seeking a dismissal of charges, or presenting a strong defence at trial. By working closely with our lawyers with knowledge of criminal defence, you can ensure that your defence strategy is strong and effectively executed.

 Penalties for Uttering Threats Conviction

According to the Criminal Code, the sentence you get for a conviction of uttering threats will consider the unique circumstances of your case. The severity of the punishment will majorly depend on whether the prosecutor decides to proceed by indictment or summary conviction. Also, the presence of aggravating factors will affect the severity of the maximum penalty.

Suppose you have been convicted for uttering threats to cause death or bodily harm. If the prosecutor considers uttering threats an indictable offence, you face up to five years in jail. However, you face up to two years less a day in jail plus up to $5,000 fine on summary conviction. You probably notice the difference in penalty severity when a criminal charge is considered an indictable offence and when the same criminal charge is prosecuted summarily.

If you are found guilty of the criminal offence of uttering threats to cause death or bodily harm, there are sentence alternatives that may be available to you. These include fine alone, discharge, prison time and fine, prison time, intermitted sentence, and a combination of fine and probation. Also, a conditional sentence and a combination of probation and an intermitted sentence may be alternatives to custodial imprisonment.

If you have been convicted for uttering threats to injure an animal or bird or cause damage to personal property and the Crown opts to treat the crime as an indictable offence, you face a maximum of two years in jail. However, if the prosecutor proceeds with a summary conviction, you face a maximum penalty of two years less a day in prison and up to $,5000 in fine. Alternative sentencing options may also be available.

Other Consequences of a Conviction

Sure, there’s the sentence or jail time you are likely to receive after being found guilty of uttering threats. However, there are other ramifications of being convicted of crimes related to knowingly uttering a threat to damage property. These include:

Possible job loss: A conviction for uttering threats can lead to termination of employment, particularly in professions that require trust and integrity. Considering the conviction will appear in your criminal record, it may be challenging to land a new job.

Immigration issues: Conviction of uttering threats can complicate your immigration, permanent residence, and citizenship applications. This can potentially lead to denial of entry into the country or deportation.

Professional limitations: Individuals with a criminal record for uttering threats may face limitations in certain professions, jobs, and opportunities. This is because employers may be reluctant to hire someone with a history of violent behaviour.

Travel restrictions: A criminal record for uttering threats could result in being denied entry into the United States or other countries. This negatively affects your travel plans and opportunities.

Criminal record: Perhaps the most significant effect of being convicted of uttering threats will result in the acquisition of a criminal record. This record will be stored and accessible in the national Canadian Police Information Centre (CPIC) database. This can potentially affect future employment prospects, volunteer opportunities, housing applications, and other facets of life.

For individuals without prior criminal histories, the impact of a conviction for uttering threats can be profound, affecting their livelihood, freedom, and future opportunities. It is crucial to understand the seriousness of the offence and seek appropriate legal counsel to defend against the charges effectively. It is possible to get lesser sentences for first-time offenders.

The Role of an Experienced Criminal Defence Lawyer

A criminal lawyer specializing in uttering threats cases can provide invaluable assistance in several ways. These include:

Legal Skilfulness and Representation

A skilled defence lawyer from Costa Law has specialized knowledge and experience in handling uttering threats cases. We understand the nuances of the law, the burden of challenging the evidence presented by the prosecution, and the potential defences available to challenge the charges.

Our competent defence lawyer will advocate aggressively on your behalf in court, challenging the evidence presented by the prosecution, cross-examining witnesses, and presenting compelling arguments in your defence. Their goal is to undermine the case against you and protect your rights throughout the legal process.

Defence Strategy

Our lawyer will assess the circumstances surrounding your case, including the context of the alleged threat, any provocation involved, or potential mistaken identity. They will formulate a strategic defence tailored to the circumstances, aiming to introduce a reasonable doubt regarding your guilt and secure a favourable outcome.

Negotiation Skills

Your lawyer may engage in negotiations with the Crown prosecutor to seek a favourable resolution, such as having the charges dismissed, securing a plea deal with reduced consequences, or obtaining a peace bond as an alternative to prosecution. They will leverage their negotiation skills and understanding of the law to achieve the best possible outcome for you.

Peace Bond Application

In some cases, your lawyer may advise you to put in an application for a peace bond in case you have been charged with uttering threats. They can guide you through the process and represent your interests in court. However, whether the Crown attorney approves of this option depends on various factors, including the seriousness of the alleged threat and any extenuating circumstances, such as prior criminal history.

Generally, hiring a skilled criminal lawyer specializing in uttering threat charges is essential to protecting your rights, mounting a strong defence, and navigating the complexities of the legal system effectively. With our competence and advocacy, you stand a better chance of achieving a favourable outcome in your case.