HOW SERIOUS ARE UTTER THREATS CHARGES?
Many people accused of uttering threats are shocked and puzzled by the fact that they have been charged by the police just because it was reported that they said something perceived as threatening. The reality is that if one person accuses you of threatening them, then the police can charge you. Many uttering threats cases simply consist of one person saying that a threatening statement had been made, plus some additional testimony providing the background of the relationship between the accused and complainant. In these cases, the legal issues revolved around whether the judge believes the complainant, and whether the accused knowingly made such a threat.
IS IT A CRIMINAL OFFENCE?
In Canada, uttering threats is a criminal charge that can result in a criminal record and punishment such as jail. Everyone convicted of an uttering threats charge will have their information shared with police to be entered into a database. Since this database is accessible to United States customs authorities, it can therefore cause problems with crossing the border into the United States.
The police in Canada take uttering threats accusations seriously and require minimal evidence before they lay charges. As a result, people are vulnerable to being charged. It is not uncommon for people to find unexpectedly that they are charged with uttering a threat. These charges often stem from some heated argument between people in a close relationship, such as spouses. Most people charged with this offence have no criminal record. Within the confines of their ethical obligations, the lawyers at Bernstein Law Group see it as their duty to do whatever is possible to avoid a criminal conviction for clients in these cases.
WHAT WILL THE CROWN CONSIDER?
The Crown takes into consideration whether you have any prior convictions or not, and may agree to withdraw your charges by a peace bond or diversion.
When deciding on how to proceed, the Crown may assess whether there are any aggravating factors. These aggravating factors may include whether the threats were made against a vulnerable person, such as a child or elderly individual, whether there is a history of repeated threats, what exactly was said, whether children were present, or whether it was in a domestic context. Every case is different, and outcomes depend on all of the circumstances, including the angle taken by the Crown.
HAVE AN EXPERIENCED CRIMINAL LAWYER IN YOUR CORNER
If you are charged uttering a threat, it is critical to have a skilled criminal defence lawyer advocate for you to get you the best results possible. Your life is important, and it is important that your lawyer has significant case experience with uttering threats charges and a solid reputation at the courthouse. Contact our law office so that a skilled lawyer can assess your case.
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