What constitutes a Threat or Death Threat?
The difference between blowing off steam verbally, and what constitutes a legal Threat, is often based on the circumstances in which the Threat was made, and how the receiver of the Threat perceived the Threat. A Threat is a statement that indicates that there will bodily harm or death done to the receiver of the Threat, their property or a pet or animal. Essentially if the complainant or victim is told by the accused that they will be harmed or killed, or their property or pet will be harmed or killed, and the complainant has any reason to believe that statement, then the accused has Uttered a Threat.
Threats do no have be communicated in person. A threat could be received by phone, over the computer (email, text, Facebook, Instagram, Messenger), or good old fashioned snail mail. However, an essential element of a threat is that the accused intended his or her words to intimidate or to be taken seriously.
Generally, Threats are made during some kind of relationship between the complainant and the accused. If it is a domestic relationship (partner, wife, husband), the court and the Crown will likely deal with the matter similar to domestic assault matters. The Crown may be seeking that the accused complete the 12-week PAR program on a plea of guilt. The sentence on a plea of guilty can range from an absolute discharge to jail.
If it is not a domestic situation, you can still be looking at a variety of different sentences on a finding of guilt, either by plea or after trial.
I’ve been charged with Uttering Threat, what should I do?
First and foremost, you have a right to silence – you do not have to talk to police, nor should you. You also have a right to speak to a lawyer upon detention or arrest – do so.
Due to the ramifications of a finding of guilt to the charge of Utter Threat, it is important to have a lawyer help navigate the criminal justice system with you – someone in your corner.
Criminal Defence Lawyers
I am here to help you through the process of being charged with Utter Threat(s). My job is to make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Crown Attorney for your matter – and give you the best defence at trial, or plea resolution possible. Make sure you have a lawyer that understands the law and is prepared to act for you.
You may qualify for Legal Aid: See Legal Aid Ontario Information.
If you or someone you care about is looking for a criminal lawyer in Ontario, please contact us 24/7 for help:
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