Lawyer for Utter Threats Charges in Toronto

In 2026, the Firm represented a client charged with uttering threats to his wife and child in R. v. D.P. [2026]. The client was arrested after getting into a heated exchange with his spouse. The couple’s child was home at the time, became scared, and called the police. Police attended the scene, placed the accused under arrest and issued a no contact order prohibiting him from having contact with his spouse and child. The Firm engaged in negotiations with the Crown, ultimately securing a favourable result for the client. With upfront work and a peace bond, the Firm secured the withdrawal of the charge, resolving the matter without a criminal record and persevering the client’s reputation.

In 2024, the Firm successfully represented an individual charged with criminal harassment, breach of probation and utter threats after allegedly sending repeated messages to the complainant over social media in R. v. J.S. [2024]. Police got a search warrant for the accused’s residence after his IP address was linked with the account sending messages to the complainant. After attempting to gain access to the accused’s devices for more than a year, police were unable to. Without gaining access to the devices, the Firm was able to exploit other issues with the Crown’s case, seriously weakening it, ultimately leading to all charges being withdrawn.

What is Uttering Threats?

The offence of uttering threats is outlined in section 264.1 of the Criminal Code. An individual is guilty of uttering threats when they, in any manner, knowingly utters, conveys or causes another person to receive a threat to cause death or bodily injury to any person, to burn, destroy or damage real or personal property, or to kill, poison or injure an animal or bird that is the property of the person.

This means that an individual will be guilty of uttering threats if they threaten to kill or injure any other person whether or not the person threatened was present at time the threat was made. An individual will also be guilty of uttering a threat where they threaten to cause damage to another person’s property, including property jointly owned by the individual making the threat. Finally, an individual who threatens to hurt, poison, or kill an animal or bird belonging to another person will be guilty of uttering threats.

For example, during a heated argument, person A tells person B that they are going to go back to person B’s house and set their house on fire with their pets inside. This is uttering threats to a person’s property and animals pursuant to subsections 264.1(1)(b) and 264.1(1)(c).

What to do if Falsely Accused of Uttering Threats?

If you have been falsely accused of uttering threats it is important to seek legal counsel as soon as possible. It is also important to document everything related to the incident and to save any relevant evidence that may prove your innocence. This may include surveillance footage, text messages or where there were witnesses, the evidence of those witnesses.

In some cases, it may be possible to present evidence of the accused’s guilt early on in the case at a Crown pre-trial. Where the evidence presented to the Crown is clear and convincing evidence that the accused did not commit the offence as alleged, the Crown may agree to withdrawal the charge at the pre-trial stage.

If, however, the evidence of the accused’s innocence does not satisfy the Crown, the matter will be set down for trial. At trial, the defence may defeat the allegations by impeaching the complainant during cross-examination. If the Court does not find the complainant to be reliable and credible, they must acquit the accused.

What if there is no Evidence of the Threat?

It is a common misconception that an individual cannot be convicted of a crime if there is no “evidence.” In reality, the statements of the complainant are considered to be evidence and if found to be reliable and credible, are enough to convict the accused.

In cases involving crimes like uttering threats, assault, or sexual assault, there is often little other evidence to prove the allegations. If no other witnesses were present at the time of the incident and there is no surveillance footage or other multimedia recording, the only evidence available may be the testimony of the complainant. Where the Court finds the complainant to be reliable and credible while testifying and are not left with reasonable doubt based on the other evidence presented at trial, they must convict the accused.

How to Defend an Uttering Threats Charge?

As with any criminal case, the burden of proof lies with the Crown to prove the accused’s guilt beyond a reasonable doubt. This means that the accused is not required to present any evidence if they do not wish. If the Crown is unable to prove the accused’s guilt beyond a reasonable doubt, the accused cannot be convicted.

As outlined above, in some cases involving uttering threats charges, there is no other evidence aside from the testimony of the complainant. In these situations, the trial becomes a he-said-she-said situation. To defeat the allegations in these circumstances, the defence must prove the complainant to be unreliable and lacking in credibility. Where the Court is left with reasonable doubt as a result of the lack of reliability and credibility, the Court must acquit the offender.

Will I go to Jail for Uttering Threats?

It is possible for an individual convicted of uttering threats to be sentenced to a period of custody. This is, however, less common where the only charge against the accused is uttering threats. It is common for the charge of uttering threats to be laid along with other charges, especially when the threats occur in a domestic situation.

Pursuant to the Criminal Code, the maximum jail sentence an individual convicted of uttering threats can receive it five years in prison. In addition, or as an alternative to jail, the Court has the discretion to impose any other sentence available in the Code. This includes imposing a suspended sentence with probation, a conditional sentence (house arrest), or granting a conditional or absolute discharge.

When determining the appropriate sentence for an offender who has been convicted of uttering threats, the Court will consider the sentencing principals outlined in the Criminal Code as well as aggravating and mitigating factors. These factors may include the accused’s prior criminal history, past allegations of violence or domestic abuse, the offender’s age, the nature and circumstances of the offence, the impact on the complainant and any other relevant factors present in the case. Defence counsel will present the Court with mitigating factors to secure a lower sentence.