Your Uttering Threats Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
Have You Been Charged with Uttering Threats?
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Uttering Threats is a very common offence charged in Canada. A threat is defined by law as any statement or action that would reasonably be perceived to intimidate, alarm, frighten or otherwise put fear of being harmed. This includes threats of physical harm to individuals, damaging property, or harming animals owned by others. Threats can take many forms, including verbal statements, written communications such as text messages or emails, gestures and/or postings on social media. However, a threat can also occur through non-verbal means. For example, a driver may commit an offence under this section by cutting off another vehicle while gesturing in a hostile manner toward the other vehicle’s occupants. Similarly, an individual may threaten a neighbor by yelling at them or pointing a finger at them in anger.
What is Uttering Threat?
An offence of Uttering Threats occurs whenever a person communicates a threat of death or bodily harm to another person. It also includes making threats to damage someone else’s property or injure an animal belonging to that person. Whether or not an individual committed the offence depends on whether the individual communicated the threat knowing that the recipient of the threat would likely believe it. Also, the individual must intend for the recipient to take the threat seriously. Therefore, simply stating that “I’m going to hurt you” does not necessarily constitute an offence under this section if the speaker has no intention of carrying out the threat. On the other hand, stating that “I’ll kill you” after losing control of temper is considered an offence.
Consequences and Penalties for Uttering Threat Charges
Uttering Threats is considered a hybrid offence under Canadian law. This means that Crown Counsel has discretion regarding whether to proceed summarily (with limited penalty options) or indictably (with more severe penalty options). Regardless of the proceeding type selected by Crown counsel, Uttering Threats is punishable as follows:
- Uttering Threats with respect to causing death or bodily harm: If Crown Counsel chooses to proceed summarily, the maximum possible sentence is two years less one day incarceration and/or a fine of up to $5,000. If Crown Counsel chooses to proceed indictable, the maximum sentence is five years incarceration.
- Uttering Threats with respect to damage to property or injuring an animal: If Crown Counsel chooses to proceed summarily, the maximum possible sentence is two years less one day incarceration and/or a fine of up to $5,000. If Crown Counsel chooses to proceed indictable, the maximum sentence is two years incarceration.
As well as these statutory penalties, being convicted of Uttering Threats may have additional long-term consequences, such as impacting future employability, immigration eligibility, obtaining housing, obtaining professional licenses, traveling internationally, etc. Beyond statutory penalties and long-term consequences, individuals convicted of Uttering Threats may experience other negative effects associated with being found guilty of a criminal offence. These include loss of reputation and loss of trust from friends, family and employers.
Factors Considered When Charging Someone with Uttering Threats
A number of factors are considered when determining whether to lay charges for Uttering Threats. These include:
- The intent behind the words spoken (the mens rea)
- The context within which the words were spoken
- The relationship between the complainant and the accused
- History of violence
- Whether either party was intoxicated
How We Defend Uttering Threats Charges
There are a variety of defence strategies available to those charged with Uttering Threats. Some examples include:
- Criticizing the credibility of the complainant
- Demonstrating that the words or actions in question occurred without regard for their seriousness
- Making use of evidence showing that there was no intent to carry out the threatened act
- Showing mistaken identity
- Pursuing a Peace Bond
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
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Have You Been Charged with Uttering Threats?
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