A person can be charged with uttering threats if he or she knowingly utters, conveys or cause any person to receive a threat. To qualify, the threat must be to (1) cause death or bodily harm to any person, (2) burn, destroy or damage real or personal property, or (3) kill, poison or injure an animal or bird that is the property of any person. It is not necessary for a person to state the threat verbally to be charged and threatening remarks sent through text messages or Facebook can result in a charge of uttering threats.
If you have been charged with uttering threats, there may be a number of defences available to you. For instance, it is often the case that the accused never said or wrote the words the Crown prosecutor is alleging amounted to a threat. Even more commonly, the accused uttered or wrote the statement in issue but did not intend the words to instill dear or to be taken seriously by the complainant. In each of those cases, the accused has a valid defence against the charge of uttering threats and should dispute the allegations in court.
The lawyers at Stern Albert Shapray & Associates have extensive experience and a strong record of success dealing with the charge of uttering threats. If you have been charged with this offence, contact our office for a free and confidential consultation.