Uttering Threats Offence in Calgary

Uttering Threats 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.

Uttering Threats FAQs

  1. What is uttering threat?
  2. What are the best defences to an uttering threats charge?
  3. How can I get my uttering threats charges dropped?

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Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.

I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.

C.S.

Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.

A.P.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
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