Being charged with uttering threats in Toronto is a serious matter that can result in criminal penalties and a permanent record. Whether it happened in the heat of the moment, during an argument, or over text or social media, police take allegations of threats very seriously in Ontario. If you’ve been charged or are under investigation, your first step should be to contact a Toronto lawyer for uttering threats to protect your rights and develop a strong defence.
What Does “Uttering Threats” Mean Under Canadian Law?
Under section 264.1 of the Criminal Code of Canada, uttering threats refers to knowingly conveying a threat to:
- Cause death or bodily harm to any person
- Damage, destroy, or burn property
- Kill, poison, or injure an animal belonging to a person
The threat does not have to be carried out for it to be considered a criminal offence. Even if the accused had no intention of following through, the charge can still apply if the statement caused fear or was perceived as serious by the victim or police.
Uttering threats can occur in various forms, including:
- Verbal comments during a heated argument
- Text messages or emails
- Social media posts
- Notes or letters
- Indirect communication through third parties
Penalties for Uttering Threats in Toronto
Uttering threats is a hybrid offence, meaning the Crown can proceed either summarily or by indictment depending on the context and seriousness of the case.
If convicted, penalties may include:
- Up to 5 years in prison if the Crown proceeds by indictment
- Up to 18 months in jail for a summary conviction
- Probation and mandatory counselling
- A criminal record
- Restrictions on firearms and travel
- Immigration consequences for non-citizens
The impact of a conviction can be long-lasting, particularly if the threat was directed at a partner, co-worker, or public official.
Common Defences to Uttering Threats Charges
Every uttering threats case is unique, but an experienced criminal defence lawyer in Toronto can assess the evidence and identify possible defences, which may include:
- Lack of intent: The accused did not mean for the words to be taken seriously.
- Ambiguity: The words used were vague or could be interpreted in multiple ways.
- False accusation: The complainant misrepresented or exaggerated what was said.
- Charter violations: Police may have violated your rights during arrest or investigation.
- Contextual defence: The alleged threat occurred during mutual verbal conflict or emotional distress.
Sometimes, even when the elements of the offence are present, a lawyer can negotiate with the Crown for diversion, peace bonds, or conditional discharges to help avoid a criminal record.
Why You Need a Toronto Lawyer for Uttering Threats
Uttering threats may seem like a minor charge, especially when compared to physical assault or weapons offences, but it can still have a significant effect on your future. A criminal record for threats can impact employment, immigration status, and travel.
Hiring a local criminal lawyer who regularly defends clients in Toronto courts offers key advantages:
- Familiarity with Crown prosecutors and local judges
- Knowledge of how uttering threats charges are commonly resolved in Toronto
- Ability to act quickly for bail hearings or early resolution meetings
- Experience with digital evidence, such as texts, screenshots, and call logs
At De Boyrie Law, we understand that these situations often arise from emotionally charged disputes. Our goal is to de-escalate the situation, protect your rights, and seek a resolution that preserves your future.
What to Do If Police Contact You About a Threat Allegation
If you’ve been contacted by police regarding a threat allegation, do not try to explain your side without first consulting a lawyer. Even if you believe it was a misunderstanding, any statement you make can be used against you.
Your first step should be to:
- Politely decline to answer questions
- Contact a criminal defence lawyer immediately
- Avoid contacting the complainant directly
- Gather and preserve any relevant evidence (texts, emails, call logs)
Speaking to a lawyer early in the process can increase your chances of having the charges withdrawn or reduced before they go to trial.
Schedule a Free Consultation With De Boyrie Law
If you’ve been charged with uttering threats or believe you are under investigation, don’t wait to seek legal help. These cases move quickly, and early legal intervention can make all the difference. Contact De Boyrie Law today for a free consultation with a Toronto lawyer for uttering threats.