Uttering Threats Lawyer Mississauga, ON
People often do not know that their actions or words can be construed as threats. Words spoken or actions conducted by the accused sometimes arise out of anger or hostility and are often not intended to be taken serious.
The charge of utter threat in Canada is categorized into 3 categories, under section 264.1 of the Criminal Code of Canada: Everyone 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.
Uttering threat is a hybrid offence, and the prosecutor can decide whether to proceed summarily or by indictment. Indictment proceeding is treated more severely, and the accused can elect a mode of trial whether by judge alone or judge and jury.
The charge of utter threat is very fact specific and depends on the context in which the word was spoken, or action was conducted. Various factors can be used to determine if the charge of utter threat can be proven. It is the duty of the crown prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of uttering threat charge must be met. If you are charged with uttering threat you may have a defence available depending on the facts of the case. Your uttering threat criminal defence lawyer will advise you if there are any legal defences to your alleged utter threat charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or a criminal defence lawyer regarding your criminal case. It is also important to know that you have legal rights and equally important that they are preserved.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your free consultation. As a Criminal Lawyer in Mississauga, I will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. I accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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