How can I get my uttering threats charges dropped?

By Last Updated: July 26, 2022

Apart from winning at trial, if you have been charged with uttering threats there may be some pre-trial resolutions and sentencing options open to you that can allow you to avoid a criminal record.

Firstly, with the assistance of a skilled lawyer you may be able to persuade the Crown Prosecutor to withdraw your uttering threats charges if you sign a peace bond. If you sign a peace bond, you will be bound by certain conditions for the period of one year. You can generally expect the conditions to include no contacting the complainant, no attending their residence or place of work, and that you keep the peace and be of good behaviour amongst other conditions. However, once you sign the peace bond, the charges against you will be withdrawn.

In addition, you can also have your uttering threats charges dropped by successfully completing a diversion program like the Alternative Measures Program (AMP). If you are accepted into AMP, you will need to complete a program that may include activities like counselling or community service. Once you have completed all activities that are required by the program, the charges against you will be completely withdrawn.

Avoid a Criminal Record with a Discharge:

Alternatively, if a peace bond or diversion is not a suitable way of resolving the matter, your lawyer can also reach out to the Prosecutor  and try to persuade them to join your lawyer in an application for a conditional or an absolute discharge. A discharge is a sentencing option that does require you to first plead guilty to the offence. Once you have entered your plea, your lawyer will make submissions before the court to have you discharged rather than convicted of the offence. If successful, a discharge will require you to comply with specified conditions for a period of time. You can generally expect that you will required to adhere to conditions like keeping the peace and being of good behavior, not possessing weapons or consuming alcohol, that you seek counselling and that you stay away from the victim of your crime. If you successfully comply with these conditions, you will be discharged of your offence and will not receive a criminal record.

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Michael Oykhman

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Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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