Uttering Threats

Uttering Threats to Cause Death or Bodily Harm is a charge under the Criminal Code of Canada.  The charge is commonly laid alongside Assault charges and can involve domestic violence, public disputes between strangers, and electronic messages over text or facebook. Our law firm has extensive experience defending Uttering Threats charges and prides itself on helping clients move on with their lives.  We have helped hundreds of first-time defendants, professionals, students, and families work their way through the challenges of the justice system, and we make ourselves available for consultations 24 hours a day, free of charge to clients charged with Uttering Threats in Vancouver, Surrey, Richmond, and throughout British Columbia.

What are some recent Uttering Threats and related cases you’ve defended?

R. v. D.J. [2015] – Client, a recent arrival to Canada, charged with a half-dozen related offences including Domestic Assault, Uttering Threats, and Assault Bodily Harm in Lower Mainland.  Ex-wife alleges serious pattern of abuse including allegations of choking and sustained injuries dating back a number of years. Crown proceeds by incident and originally discusses 18-24 month jail term.  Following 12 month negotiation and rehabilitative plan, the judge accepts a joint recommendation for probation with no-jail time –  SUSPENDED SENTENCE and NO JAIL

R. v. Z.L. [2013] – Client, a medical professional, charged with Sexual Assault, Utter Threats and Domestic Assault relating to allegations involving common law partner.  Following discussions with the prosecutor, completion of a comprehensive anger management and education program, client agrees to enter into a peace bond.  – CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. B.S. [2009] – Client charged with several counts of Domestic Assault and Uttering Death Threats – spouse calls 911 and provides video statement to police – client found guilty of uttering threats – assault charges withdrawn – successfully argue for Absolute Discharge - NO JAIL AND NO CRIMINAL RECORD

R. v. G.D. [2009] – Client charged with Assault and Uttering Death Threats relating to incident in car with ex-girlfriend – significant injuries and photographs alleged – victim gives video statement and cooperative with police – after several months of negotiation Crown agrees to peace bond – CHARGES WITHDRAWN AND NO CRIMINAL RECORD

R. v. L.M. [2011] – Client charged with Assault with a Weapon and Uttering Threats relating to confrontation with security guard.  Video surveillance disclosure provided by the Crown alleged that while my client was intoxicated, he repeatedly assaulted a security guard and attempted to push him into downtown traffic.  Following discussions with the Crown, client completed a comprehensive alcohol counseling program – CHARGES WITHDRAWN AND NO CRIMINAL RECORD

More of My Cases

What is the maximum possible penalty for Uttering Threats in British Columbia?

The maximum penalty for Uttering Threats upon conviction is two years imprisonment.

I didn’t say what I’m accused of saying.  How can I defend myself?

There are a number of defences to Uttering Threats charges that you should be able to discuss with your criminal lawyer.  These defences can range from the reasonableness of how the threat was interpreted, to finding yourself the victim of false allegations.  Your lawyer should be able to discuss the likelihood of success in your particular case during your consultation.

The police say I threatened someone over Facebook or text.  How can they prove it?

Both the Crown prosecutor and your defence lawyer should be able to subpoena records from Facebook and other social networking sites.  The significant amount of electronic data that is stored on users is quickly becoming a valuable and regularly employed tool in the world of criminal law.  Similarly, clients who find themselves victims of false allegations now have the benefit of using electronic meta data, from cell phone towers to ip addresses, to help defend their case.

How is Uttering Threats defined in the Criminal Code of Canada?

264.1 Uttering threats

  • Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

      1. to cause death or bodily harm to any person;
      2. to burn, destroy or damage real or personal property; or
      3. to kill, poison or injure an animal or bird that is the property of any person.

 If you’ve been charged with Uttering Threats and need advice, there is no substitute for speaking with a lawyer.  Pleading guilty to any criminal offence before getting legal advice can have severe and often unforeseen consequences.  Our office offers free initial consultations and is available to assist clients in-person who have been charged throughout British Columbia.