uttering threats lawyer toronto
Uttering Threats Lawyer

Michael P. Juskey is an Uttering Threats Lawyer who will vigorously defend your case.  Uttering Threats (Criminal Code of Canada section 264.1) is a serious criminal offence that most commonly involves some form of verbal confrontation and an intention to instil fear in another person, or group.  The offence criminalizes words that contain a threat to cause death or bodily harm to someone, damage their property or kill/injure someone’s pet (or any animal which is the property of the complainant).  Section 264.1 makes it a crime to simply utter words to this effect – it is irrelevant as to whether the accused person was actually capable of carrying out the threat.  It is also important to note that conditional threats are not excluded from the scope of section 264.1 (see the Ontario Court of Appeal decision of R. v. Ross (1986), 26 C.C.C. (3d) 413.  

Uttering Threats is a specific intent offence, which means intoxication may amount to a viable defence to the charge.  Specific intent offences require that the accused carry a specific intent or purpose while he/she commits the offence.  This means that the accused person, while they utter the threat, must specifically intend that it is meant to be taken seriously.  This requirement ensures that individuals who casually or carelessly make threats in jest, or in a joking manner, are not convicted.  There is also case law to support the argument that a threat made in the course of letting out steam, or venting, may not necessarily be meant to be taken seriously.

How Does the Criminal Law Define a Threat?

Section 264.1 of the Criminal Code of Canada defines Uttering Threats as:
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 Punishment for Uttering Threats?

(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.
(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 (6 months imprisonment or $5,000 fine).

Mike handled my case with unmatched professionalism and responsiveness. I was kept in the loop every step of the way and I got the best result I could ask for – my charge withdrawn.
– R.W.

uttering threats lawyer

Recent Successes:

R v W.N.
Client’s charges of Uttering Death Threats (x2) were withdrawn at the request of the crown. No criminal record.

R v Z.D.
Client’s charges of Assault and Uttering Threats withdrawn.

R v S.O.
My client was charged with assault, assault with a weapon and uttering threats in relation to a domestic incident with her partner. The allegations were serious and a knife was involved. Alcohol was a factor. The police obtained identical statements from my client and the complainant, each accusing the other of being the perpetrator. Following successful pretrial discussions the crown ultimately agreed that it was not in the public interest to prosecute and all charges were withdrawn. No criminal record.

There are many defences to an Uttering Threats charge and Michael P. Juskey has a successful track record of defending these types of cases.  We are here to fight for you.

You May Be Wondering?

How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?
What Happens if I get Arrested?
What is a Bail Hearing?
What Happens on my First Appearance?
What is Disclosure in a Criminal Case?
What is a Crown Pre-Trial?
What is a Judicial Pre-Trial?
How Does a Criminal Trial Work? 

Michael P. Juskey is a Toronto Uttering Threats Lawyer that can help you avoid jail and a criminal record.  Call 416-428-2760 now to schedule a free, confidential consultation.

Are you Facing Criminal Charges?