Charges Defended > Uttering Threats > Uttering Death > Uttering Bodily Harm

Charges involving uttering threats through the use of cell phones and social networking sites such as Facebook are becoming all the more common.  The prosecuting Crown must establish that the threat was knowingly made and that there was an intent to create a reasonable apprehension of fear in the other person.  These charges are often laid with Assault charges, including domestic assault, and criminal harassment.

The possible penalty for a charge of utter threats under the Criminal Code is high- if proceeding by indictment the accused could face up to five years in prison.  If you or a friend have been charged with Uttering Threats (including Utter Death and Utter Bodily Harm) in Toronto, Newmarket, Oshawa, or throughout Southern Ontario, call the office for a free consultation at (416) 877-5291 (LAW1).  After-hours appointments and emergency representation is available.  Legal Aid certificates are accepted.

What is the charge of “Uttering threats” under the Criminal Code?

cc. 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person.

What is the possible punishment for Uttering Threats under the Criminal Code?

(2) Every one who commits an offence under paragraph (1)(a) is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. Under Subsection (3), every one who commits an offence under paragraph (1)(b) or (c), (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction.