Uttering Threats Lawyer Winnipeg

When Can You Be Criminally Charged for Uttering Threats?

Uttering threats can lead to criminal charges if you threaten to cause death or bodily harm to someone, burn, destroy or damage property, or harm an animal or bird that belongs to someone else. Threats can be made verbally, through gestures, or in writing via email, text messages, or letters. It’s not necessary for the threat to be made directly to the victim for the accused to be guilty; it can be made to a third person, and the intended victim doesn’t even need to be aware of the threat.

The Crown Attorney must also prove that the accused intended the threat to be taken seriously and to cause fear in the mind of the victim. It’s irrelevant whether or not the threat can be carried out, as long as it caused the victim to fear for their safety.

Obtaining Bail When Charged with Uttering Threats

Obtaining bail can be challenging and depends on the background of the accused and the circumstances of the allegations. However, in almost all cases, conditions will be imposed, such as no contact or communication with the complainant, whether released by the police, with the consent of a Crown Attorney, or by a judge.

In cases involving domestic violence, you may be able to speak with your spouse, girlfriend, or children, but you will not be able to return to the residence if you shared a home with the complainant. The prolonged separation during the court process may cause emotional and financial strain on both you and your family.

I can assist you in having the no contact and communication order set aside through negotiations with the Crown Attorney or by making an application before the Court of Queen’s Bench to have a judge decide the issue.

Sentencing for Uttering Threats

If you are convicted of uttering threats, you may face up to five years in prison. Additionally, the judge may impose probation for up to three years, order you to provide a DNA sample, and prohibit you from owning or possessing firearms.

A criminal record for uttering threats can have various consequences, including:

• Impact on employment opportunities and job retention
• Restrictions on international travel, including to the United States
• Social stigma associated with having a criminal record
• Impacts on immigration, permanent residence, and citizenship applications

Defending Uttering Threats Charge

I will thoroughly review all the evidence collected by the police during their investigation to determine all possible defenses. During my review, I will explore whether the Crown can prove that you were the person who uttered the threat, if the context in which the threat was made suggests it was meant to be taken seriously, and if there are any reasonably credible or plausible alternative meanings of the words.

In many cases, I am able to negotiate a resolution with the Crown to have the utter threat charge dropped, which may involve the accused entering into a peace bond or surrendering firearms or agreeing to a firearms prohibition. Every case is different and unique, so in order for us to determine the best strategy for you, I will need to meet with you and discuss your case in detail.

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