Uttering threats is a serious criminal charge with a maximum penalty of up to five years in prison. If there are aggravating factors, such as displaying a weapon or using hate speech, the sentence could be even longer. In this article, we will talk about what uttering threats means and how a criminal lawyer in Mississauga can defend you if you are charged.
What Uttering Threats Means
Uttering threats is defined in section 264.1 of the Criminal Code of Canada as threatening someone with:
- Bodily harm to them or another person.
- Burning, destroying, or damaging their property.
- Harming an animal that belongs to them.
The threat can be delivered verbally in person or via any other means of communication (ex: mail, email, text, graffiti) and in any format. It is also an offence to have someone else issue the threat on your behalf.
Uttering threats is a hybrid offense in Canada, meaning that it is punishable either as an indictable offence or on summary conviction, an indictable offence being the more serious of the two. As an indictable offence, uttering threats carries a penalty of up to five years in prison. In addition, you will have a criminal record, which could affect everything from your employment opportunities to your freedom to travel and your standing in the community.
If you are charged with uttering threats, contact a criminal lawyer with Mississauga experience immediately. Do not speak to the police or agree to a plea without consulting with a lawyer first.
How a Criminal Lawyer in Mississauga Will Defend You
The criminal lawyer for your Mississauga case will begin the process of defending you by ensuring that your rights have not been violated. In Canada, you have the right to be free from unnecessary search and seizure and the right to consult with a lawyer upon arrest. If the police did not respect these rights in the process of arresting you, the criminal lawyer on your Mississauga file will work to have the charges against you dismissed.
In all criminal cases, the onus is on the Crown prosecutor (the lawyer for the government) to prove that you uttered threats, and they must prove it beyond a reasonable doubt. Your lawyer will work to raise doubt about the evidence by doing the following:
- Showing that there was no actus reus (guilty act) on your part, meaning that you did not utter the threats. Depending on the evidence, the criminal lawyer for your Mississauga case might argue that:
- The alleged crime did not occur at all: that the victim was either mistaken or that they misrepresented the communication.
- Someone else uttered the threat.
- Offering evidence that lacked mens rea (a guilty mind), which is required for a guilty verdict. They might do this by showing that you:
- Were joking, or that your comments have been taken out of context.
- Were under duress or had been coerced into uttering the threat.
- Had a mental health issue that prevented you from forming intent at the time.
- Feared for your personal safety and uttered the threat in self-defence.
If you wish to plead guilty at any point, your criminal lawyer in Mississauga will advocate for the best plea deal possible, using any mitigating circumstances available, including:
- Your clean criminal record
- Cooperation with law enforcement
- Statements of remorse
- Your efforts at rehabilitation
- Age and health factors
- Acceptance of responsibility
Being accused of uttering threats can be highly stressful, but d
Why Choose a Criminal Lawyer in Mississauga
A criminal lawyer with a Mississauga practice understands the criminal justice system in Mississauga and the GTA better than someone from outside the area. They are familiar with the people who are involved with your case, including the police, the court staff, and the prosecution team, and they understand the policies and procedures of local courts. The local knowledge that a criminal lawyer in Mississauga possesses can be invaluable when you are facing a serious charge such as uttering threats.
About Aswani Datt: Your Criminal Lawyer in Mississauga
If you need a criminal lawyer in Mississauga, look no further than Aswani Datt. With his extensive criminal experience, he will provide you with the best defence it is possible to build. Mr. Datt prioritizes his clients, listens intently, advocates for them fiercely, and represents them skillfully. Facing a charge of uttering threats can be frightening and consequential. Choose a lawyer who will guide you through the process with compassion and integrity and who will mount a robust defence for you regardless of the complexity of your case. Contact Aswani Datt by phone at 905-755-0104 (toll-free at 1-844-DATTLAW (1-844-328-8529). Our offices are conveniently located at 7111 Syntex Drive, Unit 130, in Mississauga, just north of Highway 401. Get in touch with us today, and let us defend you!
