Criminal Defense Attorney for Making Threats
Criminal Defense Attorneys in Montreal
Need a criminal defense attorney for making threats
Criminal Defense Attorney for Making Threats
Have you just been accused of uttering threats against another person? You should know that this offense involves several specific criteria to be considered a crime in its own right. That is why our criminal defense attorneys thoroughly analyze your case, help you gain a clearer understanding of the situation, and always defend your case solely in your best interest.
The Offense of Uttering Threats Under the Criminal Code
Indeed, the person making the statements must intend to threaten:
> To cause the death or bodily injury of someone;
> To burn, destroy, or damage property;
> To kill, poison, or injure an animal that belongs to someone else.
The term “bodily injury” also includes serious or significant psychological harm. Threatening someone with sexual assault can therefore constitute a threat under the Criminal Code due to the significant psychological trauma left on the complainant.
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You uttered threatening remarks, but you did not mean them.
It is not necessary for the prosecution to prove that you intended to carry out your threats. Indeed, it is sufficient to demonstrate that the threatening remarks were intended to intimidate or to be taken seriously. The fact that you had no intention of carrying them out therefore does not, under any circumstances, constitute a defense.
Furthermore, the prosecution does not have to demonstrate that the person targeted by the threats actually felt描 intimidated by them or took them seriously. It is enough to prove that you intended for those threats to produce such an effect.
What are the possible penalties and defenses in the face of a charge of making threats?
Les peines possibles
If you are found guilty of threatening to cause death or bodily injury to someone, you face a maximum prison sentence of five years. The maximum prison sentence is two years if you are found guilty of threatening to burn, destroy, or damage property, or of threatening to kill, poison, or injure an animal that belongs to someone else.
Your Options and Possible Defenses
The prosecution must prove that you intended for the threats to be taken seriously. We can therefore seek to cast doubt on the seriousness of the statements: a threat made in jest or innocently does not constitute an offense under the Criminal Code. Since the statements are the essential element of the offense, we could also attempt to cast doubt on whether those words were even spoken.
How can we help you?
Our team is here to guide you every step of the way with tailored solutions and ongoing support, whether you need advice, technical assistance, or help defending your rights.
The Team at Riendeau Lawyers: 20 Years of Expertise in Defending Against Charges of Making Threats.
With a team of experienced attorneys, some of whom have more than 20 years of experience practicing law, our firm is the go-to choice for anyone facing charges of making threats.
Over the years, we have developed specialized expertise in cases involving threats and intimidation. This specialization has enabled us to secure numerous acquittals for our clients, often in situations where words spoken in the heat of the moment were taken out of context or misinterpreted. We understand the technical nuances required to raise a reasonable doubt regarding the actual intent or even the existence of the statements, deploying the necessary defense strategies to protect your reputation, your freedom, and your criminal record.
But beyond our performance in court, it is our human approach that sets us apart. Recognized for our exceptional ability to listen, we understand that behind every case is a person going through a difficult time, where an interpersonal conflict or a moment of losing control may have escalated. Our top priority remains the rigorous defense of our clients and the favorable resolution of complex and highly emotional cases.
With our team, you won’t just be a case number; we’ll listen to you, understand you, and vigorously advocate for you.
The person targeted by the threats
It is important to know that the remarks do not need to be directed at a specific individual; it is sufficient for the threat to be directed at a specific group of people.
You could also be charged with uttering threats even if you did not communicate directly with the complainant. Indeed, the offense clearly states that a threat can be made “in any manner.” You could therefore convey threatening remarks through a third party.
Furthermore, the prosecution does not bear the burden of proving that you intended to convey the threat. Consequently, the complainant could very well have never received the threats and still file a complaint against you.
Why choose Riendeau Avocats to defend you against a charge of making threats?
You’re not automatically guilty
Being the subject of a complaint for making threats does not automatically mean you will be found guilty. These cases often rely on statements taken out of context or made in the heat of the moment. It is essential to consult an experienced legal team to critically analyze the evidence, assess the credibility of witness statements, and determine your actual chances of success.
Proven expertise
At Riendeau Avocats, we handle a significant number of cases involving threats and intimidation every year. We have a thorough understanding of the complex case law surrounding criminal intent and the seriousness of the alleged statements. If a defense is possible (such as lack of intent or the statement being made in jest), we will build the strongest possible strategy for you.
Defending your rights
If your rights were not respected during the police investigation, your interrogation, or your arrest, we will defend them with the utmost rigor. We work tirelessly to uphold your fundamental rights and, above all, to minimize the impact of your release conditions (such as communication restrictions) on your daily life.
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Penalties for Making Threats
Nature of the Charges
Penalties vary greatly depending on the nature and target of the statements. The Criminal Code distinguishes primarily between three types of offenses: threats to cause death or bodily injury, threats to damage or destroy property, and threats to injure or kill an animal belonging to someone else.
Possible Penalties
The Criminal Code provides for severe penalties for these offenses. You face a maximum prison term of five years for threats of death or bodily harm, and two years for threats against property or animals. A conviction also results in a criminal record.
Our Tips
Given the serious impact these consequences have on your personal life and the often very strict conditions of release (such as a ban on communicating with certain people), it is essential to protect your rights. Contact our team of criminal defense attorneys immediately to develop a strategic defense.
Answers to Your Questions About Making Threats
Facing charges for remarks made in the heat of the moment can raise many questions. Our FAQ helps you understand the nuances of the law, the possible penalties, and your defense options, so you can act quickly and regain control of the situation with the help of our specialized attorneys.
Section 264.1 of the Criminal Code defines this offense as knowingly threatening, by any means whatsoever, to cause the death or serious bodily harm to a person, to burn or damage their property, or to injure or kill an animal belonging to them.
Intent is at the heart of this offense. If we can demonstrate to the judge that the remarks were made in jest, with no intention that they be taken seriously, that constitutes a valid defense. The assessment is based on the overall context of the interaction.
If threats are made in a moment of anger—resulting in thoughtless remarks—this could lead to an acquittal, since the specific intent to intimidate or to be taken seriously may not be present. A thorough analysis of the context will therefore be necessary to determine whether a reasonable doubt can be raised.
Yes. Written threats (text messages, emails, social media posts) leave direct and permanent evidence. This digital footprint makes the prosecution’s job easier and makes the defense more complicated than in the case of a verbal threat with no witnesses.
In cases involving conflicting testimony and no physical evidence, the trial will hinge on the credibility of the witnesses. Our role is to rigorously cross-examine the complainant to identify inconsistencies or demonstrate possible motives for fabricating the story (e.g., a conflict arising from a separation, revenge, or a dispute with neighbors).
Non. Unlike other offenses, it is not necessary to prove that the victim was actually afraid or even that the victim was made aware of the threat (for example, if you threaten someone while speaking to a third party). The crime lies in making the threat with the intent that it be taken seriously.
No, definitely not. If you have been arrested, you have most likely signed a promise to appear that includes conditions of release prohibiting you from contacting the complainant. Attempting to apologize would constitute a violation of those conditions, leading to new charges and the risk of incarceration.
Yes. Depending on your case, your criminal history, and the severity of the offense, it is possible to avoid a criminal record. We can sometimes negotiate with the Crown to resolve the case through a peace bond(Section 810), or argue for an acquittal, which prevents you from having an active criminal record.
Non. We strongly recommend that you exercise your fundamental right to remain silent. When you are overcome by emotion, anything you say to defend yourself may often incriminate you further or confirm that you did indeed utter the disputed words. Ask to speak with one of our attorneys immediately.
We meticulously analyze the evidence to take statements out of context and reconstruct the exact circumstances. We assess whether your rights were violated during your arrest, negotiate to modify your release conditions (so you can resume a normal life), and build a tailored defense to have the charges dismissed or reduced.
Penalties vary depending on the nature of the threat. For a threat to kill or cause bodily harm to a person, the maximum penalty is 5 years’ imprisonment if the Crown proceeds by indictment. A conviction also results in a permanent criminal record, with all the consequences that entails for employment and travel.
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Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
