In Toronto and everywhere else in Canada, if you threaten another, where you
state that you will seriously injury or kill them, burn, destroy, or damage their
property, or poison, injure, or kill their pet – you could be charged with the
criminal charge of Uttering a Threat.
2. Website: https://www.brianrosslaw.com/ Phone: (416) 658-5855
In Toronto and everywhere else in Canada, if you threaten another, where you
state that you will seriously injury or kill them, burn, destroy, or damage their
property, or poison, injure, or kill their pet – you could be charged with the
criminal charge of Uttering a Threat.
This criminal offence falls under “assault-type” offences. People mistakenly
assume that as long as they do not carry out their intentions, they have nothing to
worry about. However, regardless of whether you carried out your intention, you
can still be charged with Uttering Threats.
Can I be charged if I didn’t make the threat directly to the person it was
intended for?
Yes, you can still be charged with Uttering a Threat, even when it was not made
directly against the intended person. Anyone that overhears you making the threat
could contact the police and report it. For more details about Uttering Threat
offence click here.
I didn’t verbally say anything. Why was I charged with Uttering a Threat?
You do not have to make a verbal threat to be charged with this crime. Hand
gestures, facial expressions, or other nonverbal communications could be deemed
a threat. For example, making fists and making a hitting gesture towards another
could be construed as a threat.
In addition, written threats sent as text messages, social media posts, letters, or
emails are considered types of nonverbal communications that could result in
being charged with this crime.
Could I be charged even if I wasn’t serious about the threat?
Yes, you can be charged with Uttering a Threat even when you may not have
been serious. The thing you need to remember is if the person you made the threat
against perceived it as a threat where you intended to do them harm, they could
feel scared and still file a complaint against you. As always, just because you
have been charged does not mean a conviction will follow. You need to get
advice from a criminal lawyer.
3. Website: https://www.brianrosslaw.com/ Phone: (416) 658-5855
How serious are the consequences if I’m convicted and found guilty of
Uttering a Threat?
The consequences will vary depending on the type of threat made. In cases where
you threatened bodily injury or death, you could be looking at a maximum prison
sentence of 5 years. In cases where you threatened to burn, damage, destroy
property, you could be looking at up to 2 years in jail. It should also be noted that
a person convicted of Uttering Threats could potentially face a fine of
$5,000. Furthermore, the offence will be recorded on your criminal record.
As evident, being charged with Uttering a Threat should not be taken lightly. If
you have been charged with this criminal offence you should treat it seriously and
get advice/seek assistance from an experienced criminal defense lawyer in
Toronto, like Brian Ross.
The foregoing does not constitute legal advice and you should not rely on it as
legal advice. For legal advice regarding the charge of Uttering Threats, you
should contact Brian Ross at (416) 658-5855 today!
Source: https://www.brianrosslaw.com/is-uttering-a-threat-in-toronto-
considered-a-crime/