If you have been charged with a threat, contact our Brampton criminal lawyer as soon as possible to discuss this serious charge.
At FMK Law Group, our skilled Brampton criminal lawyer has extensive experience handling various legal matters, including threat charges. We understand the seriousness of threat charges and their potential impact on your life and reputation.
Whether you are facing charges of uttering threats, conveying threats, or any other related offence, our lawyers are here to provide you with the strong defence you need. We will carefully review the details of your case, investigate all relevant factors, and develop a strategic defence tailored to your specific situation.
While our Threat Charges services are centred in Brampton, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.
264.1 (1) Everyone commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
a. to cause death or bodily harm to any person;
b. to burn, destroy or damage real or personal property; or
c. to kill, poison or injure an animal or bird that is the property of any person.
To be convicted of uttering threats, the Crown Attorney is not required to demonstrate that the complainant took the threat seriously. Instead, the courts consider whether a reasonable person, fully informed of the circumstances, would perceive the statement as a threat.
Furthermore, the accused does not need to fulfill the threat or intend for the recipient to hear it. Merely intending that the threat be taken seriously or intimidate the recipient is sufficient grounds for finding the accused guilty of uttering threats.
A criminal threat occurs when one person threatens another with bodily harm. The threat must be communicated in some fashion, but it does not need to be spoken. A threat can be sent via email, text, or nonverbal body language such as gestures and motions.
However, certain governments demand written or vocal threats; in those provinces, these gestures are insufficient to constitute a criminal threat.
Such threats are made to put someone in danger of injury or death. However, a victim does not need to feel fear or terror. It’s the purpose of the individual who makes the threat that counts. The facts surrounding the case usually determine the intent of a person who makes these threats.
You cannot make a criminal threat if it is unclear or irrational. The threat must make those who hear it feel as if they might be hurt; it should be believable, accurate, and imminent.
If you threaten to blow up the world unless your bartender brings you your drink right away, for example, no sensible person will believe you. However, if you walk into a business with a pistol and threaten to shoot the boss unless she gets you a refund, your threat is believable and specific.
In some provinces, the offence of assault is substantially similar to the offence of criminal threats. A person commits an assault when they either attempt to harm another person physically or use threats of violence.
To perpetuate an assault, words alone are generally inadequate, and some form of physical assault is usually required. Threatening to punch someone, for example, is usually not considered an assault. Making threats and then approaching the person in a threatening manner, on the other hand, is considered assault.
As a result, what one jurisdiction considers a criminal threat may be categorized as an assault in another.
Prison: Anyone guilty of a criminal threat can receive a lengthy prison sentence. A conviction can put you in jail for a year or, if deemed more severe- up to five years. Moreover, a terrorist threat might result in a sentence that lasts decades.
Fines: The fine for making criminal threats varies by province and case facts.
Probation: Probation may be imposed on someone guilty of making criminal threats. Such an act usually lasts for a year, during which you must follow specific probation rules. Holding employment, asking the court or your probation officer for permission before moving or leaving the province, and not committing any additional crimes are all common conditions.