Calgary Uttering Threats Defence Lawyers

Uttering Threats Offences in Calgary

The Charge

You may be charged with uttering threats if you threaten to:

  • Kill or seriously injure any person
  • Destroy, damage or burn someone’s property
  • Kill, hurt, or poison an animal that belongs to another person

To be found guilty, you need not make these threats directly to the person targeted. If you tell person A that you want to kill person B, you can still be found guilty. Even if the person to whom the threat is made does not take the threat seriously, or does not believe you will follow through with it, you can still be found guilty.

Bail Conditions for Uttering Threats

In virtually all cases involving allegations of threats, the police or the courts will impose conditions forbidding you from contacting, or even going anywhere near, the alleged victims.

We know that in cases where the alleged victim is a family member, spouse, or girlfriend, these conditions can cause a great amount of personal, financial, and emotional stress. This is a situation involving a Domestic Violence context, and we can help. We can negotiate with the Crown to show that you are not a danger to the alleged victim and that their case will not be compromised if you are permitted to have contact. If need be, we will appeal the decision which forbids you from having contact with the people you care about to the Court of Queen’s Bench.

It is critical that you obey the no contact conditions, and all the other terms of your release until we arrange for your conditions to be changed. Breaching any term of your release may result in you incurring new criminal charges for which it can be difficult to get released from custody. In addition, you may compromise any chance for a good resolution for your charges.

The following circumstances do not justify breaching the no-contact conditions of your release:

  • The alleged victim is the one who initiates the contact
  • The victim consents to the contact
  • The victim does not want you charged for breaching
  • The contact is innocent, pleasant, or for the victim’s benefit

Defending Uttering Threats Charge

Most often threats are made orally from one person to another. Our clients often say to us, “there is no evidence that the threat was made”. The reality is that the statement of the person who heard the threat, which is usually the complainant in the case is evidence. This type of situation really does come down to a “he said/she said” scenario wherein the judge will have to decide if he believes you, and if he doesn’t believe you, does he believe the complainant.

Beyond that, it is very common that threats are made though voicemail messages, text messages, mail, email, or other electronic means, in which case there is a better record of exactly what was said. Even in this type of situation, however, our criminal defence lawyers can still mount a successful defence by challenging the Crown Prosecutor’s ability to prove that you wrote those texts, or those emails, etc.

The Sentence

Uttering threats is punishable by maximum sentence of five years imprisonment. In addition, the Court can put a number of restrictions on you after your sentence is completed, including:

  • Up to three years of probation
  • An order that you surrender a sample of your DNA to the police
  • An order that you cannot own any weapons for the rest of your life

If the threats involved a threat of using firearms, it is likely that the police have seized – or may be coming back to seize – your firearms and will not want to return them.

One of the things we try to do for our clients is not only resolve their criminal charges, but also get their property, like firearms, returned to them. On the other hand, we have in many cases successfully negotiated the surrender of the firearms (or agreed to a voluntary firearms ban) in exchange for a resolution to the charges without a criminal record.

“I highly recommend Michael Oykhman to anyone who requires a criminal lawyer. He is professional, non judgmental and on your side. I had hit rock bottom and Michael has helped me to get an outcome better than anything I was expecting. He has given me the opportunity to rebuild my life. I highly recommend Michael if you find yourself in need of a criminal lawyer.” 

– J.N. – November 2015

Speak With A Lawyer

Receive a free consultation
to discuss your case.

  • This field is for validation purposes and should be left unchanged.

We value your privacy,
all information is kept strictly confidential.

Assault & Threat Offences

Schedule a free no-obligation consultation to discuss your case.

Book A Free Consultation

Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

starS.

VIEW ALL REVIEWS

I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

starN.P.

VIEW GOOGLE REVIEWS

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.