Uttering Threats Lawyer Toronto

What Is Uttering Threats Under Ontario Law? 

Uttering threats is defined under Section 264.1 of the Criminal Code of Canada as knowingly conveying a threat to cause death, bodily harm, or damage to property. The threat does not need to be carried out for charges to be laid—it is enough that the words or actions made someone feel intimidated or fearful. 

Common Uttering Threats Offenses 

1. Threats of Physical Harm: Verbal or written threats to harm another person. 
2. Threats to Kill: Making death threats against an individual, family member, or public figure. 
3. Threats to Damage Property: Threatening to destroy or harm someone’s belongings, home, or business. 
4. Threats to Harm Pets: Threatening to injure or kill an animal belonging to another person. 
5. Electronic or Social Media Threats: Sending threats via text messages, emails, or social media platforms. 

Your Rights When Facing Uttering Threats Charges 

If you are charged with uttering threats, you have important legal rights, including: 

• Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt. 

• Right to Legal Representation: You have the right to consult with a lawyer before making any statements. 

• Right to Remain Silent: You are not required to answer police questions beyond providing basic identification. 

• Right to a Fair Trial: You can challenge the charges, present evidence, and cross-examine witnesses. 

Why Choose Kozyrev Law P.C. for Uttering Threats Cases? 

Extensive Experience in Criminal Defense 

Our legal team has successfully defended clients against uttering threats charges in Toronto. We understand the serious consequences of a conviction and are committed to providing a strong legal defense. 

Personalized Defense Strategies 

We develop customized defense strategies based on factors such as: 

• The context in which the threat was made. 

• Whether the threat was serious or made in the heat of the moment. 

• Any inconsistencies in witness testimony. 

• Violation of your rights during the investigation or arrest. 

Thorough Investigations 

We conduct a detailed review of your case, including: 

• Examining police reports and witness statements. 

• Reviewing electronic communications, such as texts and emails. 

• Analyzing surveillance footage or social media posts. 

Aggressive Court Representation 

Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and secure the best possible outcome. 

Steps in Handling an Uttering Threats Case 

Step 1: Free Consultation 

During your free consultation, we will: 

• Review the charges against you. 

• Assess potential defense strategies. 

• Provide a clear roadmap for your case. 

Step 2: Evidence Gathering 

Our team will collect and analyze key evidence, including: 

• Police reports and 911 call recordings. 

• Witness statements and surveillance footage. 

• Any procedural errors or rights violations. 

Step 3: Pre-Trial Negotiations 

We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible. 

Step 4: Trial Representation 

If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests. 

Challenges in Uttering Threats Cases 

Lack of Intent or Misinterpretation 

The prosecution must prove that the accused intended to cause fear or intimidation. We challenge their case by: 

• Arguing that the words were taken out of context or misinterpreted. 

• Demonstrating that the alleged threat was not meant to be taken seriously. 

• Highlighting inconsistencies in the complainant’s statements. 

False Allegations 

In some cases, uttering threats accusations may be made falsely due to: 

• Custody disputes or relationship conflicts. 

• Retaliation or personal grudges. 

• Misunderstandings during heated arguments. 

We work to expose false accusations by presenting evidence that contradicts the prosecution’s case. 

Violation of Rights 

If law enforcement violated your Charter Rights, such as conducting an unlawful arrest or failing to provide legal counsel, we can argue for the exclusion of evidence or case dismissal. 

Frequently Asked Questions About Uttering Threats Cases 

What Are the Penalties for Uttering Threats in Ontario?

Penalties depend on the severity of the threats and prior criminal history, and may include: 

• Summary Conviction: Up to 2 years in jail. 

• Indictable Offense: Up to 5 years in prison. 

• Additional Consequences: Restraining orders, probation, and a permanent criminal record. 

Can Uttering Threats Charges Be Dropped?

Yes, charges may be withdrawn or dismissed if: 

• The alleged victim recants their statement. 

• There is insufficient evidence to support the charges. 

• The prosecution determines there is no reasonable prospect of conviction. 

What Should I Do If I Am Arrested for Uttering Threats?

• Remain Silent: Do not make statements to the police without a lawyer present. 

• Request a Lawyer: Contact an experienced criminal defense lawyer immediately. 

• Avoid Contact with the Complainant: Bail conditions may prohibit communication with the alleged victim. 

Can a Social Media Post Be Considered a Criminal Threat?

Yes, online posts, messages, or comments can be considered criminal threats if they are perceived as credible threats of harm or violence. We examine the context of the message to challenge its interpretation. 

Protecting Your Rights in an Uttering Threats Case 

1. Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights. 
2. Preserve All Evidence: Collect and safeguard any documentation related to your arrest. 
3. Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer. 
4. Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties. 

Contact Kozyrev Law P.C. Today 

If you are facing uttering threats charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.