WHAT ARE THE CONSEQUENCES OF AN UTTER THREATS CONVICTION?
Uttering threats is a common charge. Anyone can be accused. These charges typically arise during various domestic disputes, or from confrontations between two people that are neighbours, for example. Our office finds that people charged with this offence often have never been in trouble with the law before. In these cases, it is of utmost importance to avoid a criminal record.
WHAT IF I PLEA GUILTY OR AM FOUND GUILTY OF UTTER THREATS?
A conviction for utter threats, like any conviction, can have long reaching consequences. For instance, this conviction could result in employment loss, probation, travel implications, social stigma, or obtaining a criminal record that will be stored and accessible in the national database.
If you have no criminal record in the first place, it is critical to avoid a criminal conviction on an utter threats charge. The implications of this conviction could drastically affect your livelihood and future opportunities in diverse ways.
BUT—WHAT IF I DIDN’T MEAN TO THREATEN THE PERSON?
Not every statement of unfriendly intent represents a threat. There is a distinction that must be drawn between a threat and a promise, and the mere observation that an unpleasant event will occur. If the comment is an accurate reflection, and not carried out by yourself in any manner, you may have a defense.
Words that are spoken in the context of a joke may be distinguished from a threat, but defining these words as a joke rather than a threat depends on the circumstances and context.
Furthermore, it may not matter that the threat is impossible to carry out. Although this impossibility may create a hurdle for the Crown when proving whether the accused knowingly made the threat and whether he or she intended the threat to be taken seriously so as to cause fear in the mind of the recipient, the Crown does not have to prove that the accused intended to carry out the threat by any means.
CONTACT A LAWYER IF YOU NEED TO AVOID AN UTTER THREATS CONVICTION
It is important to do whatever possible to avoid an utter threats conviction, particularly if you have no criminal record in the first place. If you or a loved one has been charged with utter threats, contact our criminal lawyers for a free consultation.
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