Uttering Threats

 

Uttering threats is an offence where someone threatens to harm someone, to cause death, to destroy or damage real or personal property or injure the animal of that person. The most innocent gesture can be perceived as a threat. It is not necessary that one will be found guilty of the offence of uttering threats. It has to be proven beyond a reasonable doubt that there was intent to utter threats. Being found guilty of uttering threats can lead to a maximum term of five years in jail, a criminal record for life, and difficulty travelling outside of Canada.

How to defend uttering threat charges

The first step to defend uttering threat charges is to not plead guilty and speak to your lawyer first. We analyze the disclosure and evidence against you to spot weaknesses and inconsistencies. We assess whether there was any intent and whether the elements of the offence of uttering threats are meted out.

We will first endeavor to have you released from custody if the police are seeking your remand.  We will attempt to get favorable bail conditions so that this criminal charge does not hamper your everyday life.

We speak to the Crown Prosecutor on your behalf and try to negotiate a withdrawal of the charges based on the facts and circumstances of your case. We aim to bring forward reasonable doubt in the prosecution’s case. The circumstances and context of the alleged offence is key to structuring a strong defense and presenting it in court. If the words, gestures or messages made were not a real threat and perhaps misinterpreted by the complainant. If there was no intent, we will seek to have the charges against you withdrawn. Confusion of language is not a threat. It is necessary for the Crown to prove beyond a reasonable doubt that there was an intention to utter threats. It is necessary for an experienced criminal lawyer to understand the context of the charges against you and build the best defense possible.

We will analyze and scrutinize unreliable witness testimony and inconsistent statements made against you. We use our experience and advocacy skills to emphasize any lack of credibility and we endeavor to get you the best possible outcome.

At Juzkiw Law, your case is unique. The facts of each case are different, and we will try in most cases to get the charges ultimately withdrawn.