Utter threats

I have been charged with Utter threats for the 2nd time in less then 5 years and was wondering what punishment I should expect?

Asked about 1 year ago in Brockville, Ontario
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer


There is no set minimum for Utter Threats, even on a 2nd offence.

Punishment on the new offence would be determined by:

- The nature of any prior punishment(s) you received in the past;
- The extent of your criminal record, if any;
- Your employment situation;
- Mitigating circumstances;
- Aggravating circumstances
- Indications of remorse

Before you consider resolving the matter, you ought to explore whether there are any potential defences available to you.  Utter Threats is a not a straightforward area of criminal law, and requires the Crown to prove various "elements", including that you had the intent for the "threat" to be taken seriously, or you intended to intimidate the other person.
Andrew Captan
Toronto Criminal Lawyer
Utter Threats Defence Lawyer

Posted about 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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