Threats Charges Lawyer,
Even if the right to free speech is constitutionally protected, it is not absolute. Specific constraints on speech, such as prohibitions against defamation and libel, have long been recognized by the law.
In some cases, such as when making criminal threats, speech can even be considered a crime. When someone threatens to kill or physically hurt another person, this is characterized as a criminal threat.
A criminal threat occurs when person threatens to kill, physically harm or damage property. FMK Law Group has best defence Threats Charges Lawyer in Oakville.
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 message, or nonverbal body languages such as gestures and motions. However, certain governments demand written or vocal threats, and in those provinces, these gestures are insufficient to constitute a criminal threat.
Fear and Intent
Such threats are made with the goal of putting someone in danger of injury or death. However, it is not required for a victim 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 such a threat is unclear or irrational. The threat must make those who hear it feel as if they might be hurt; it should be believable, real, 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 offense of assault is substantially similar to the offense of criminal threats. A person commits an assault when he or she either attempts to physically harm another person or uses 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, a time 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.
Contact a lawyer at FMK Law Group to arrange a consultation for your case.