Uttering Threats Lawyer in Mississauga

A heated argument, an angry text or a comment posted online can lead to a charge of uttering threats. Many people charged with this offence have no criminal record and never meant to hurt anyone. The law looks at what was said, how it was said and the full context, and that is where a skilled defence begins. The Mississauga criminal lawyers at Rashidy & Associates defend uttering threats charges across Peel Region, in English and Arabic.

Call 905-361-9791 or book a confidential consultation.

What is uttering threats?

Under s. 264.1 of the Criminal Code, it is an offence to knowingly utter, convey or cause anyone to receive a threat:

To cause death or bodily harm to any person.
To burn, destroy or damage real or personal property.
To kill, poison or injure an animal or bird that belongs to someone.

A threat can be spoken in person, over the phone, in a text or email, on social media, in a voicemail or even through a third party. The person threatened does not need to hear it directly or actually feel afraid.

What the Crown has to prove

The Supreme Court of Canada has set out a two-part test:

The words were a threat. Viewed objectively, would a reasonable person, aware of the circumstances, understand the words as a threat of death, bodily harm or property damage? (R. v. McCraw; R. v. O’Brien)
The accused intended them as a threat. The accused meant the words to intimidate or to be taken seriously (R. v. Clemente).

This second part is critical. Words said as a joke, as an exaggeration or as a way of venting anger, and not meant to be taken seriously, are not a crime, even if they sound alarming out of context.

Penalties for uttering threats

Type of threat	Maximum sentence (indictable)	Maximum sentence (summary)
Threat to cause death or bodily harm (s. 264.1(2))	5 years	2 years less a day
Threat to damage property or harm an animal (s. 264.1(3))	2 years	Summary penalty

A conviction can also lead to a weapons prohibition, probation with no-contact terms, and a criminal record that affects travel and employment. For non-citizens, the immigration consequences need careful assessment before any plea.

Common situations we defend

Domestic and family disputes, often laid alongside assault or during a separation. See also our domestic assault defence page.
Workplace conflicts, including comments to managers or coworkers.
Text messages and social media posts, where tone is easily misread.
Neighbour and landlord disputes.
Road rage incidents.
Threats reported by a third party who overheard or passed on a comment.

How uttering threats charges are defended

Context. We gather the full conversation, message history and relationship background. Words that look threatening in a police summary often read differently in full.
No intent to intimidate. Jokes, sarcasm, venting and hyperbole are not threats in law.
Conditional or vague words. Statements that don’t threaten a specific harm may not meet the legal test.
Credibility. Many cases rely on one person’s account. Motive, bias and inconsistencies matter.
Authentication. For digital threats, the Crown must prove who actually wrote the message.
Charter rights. Statements you gave to police without being properly advised of your rights may be excluded.

Possible outcomes

Uttering threats charges are frequently resolved without a criminal record, especially for first offences:

Withdrawal of the charge.
A peace bond (s. 810). You agree to keep the peace and have no contact with the complainant for a set period, usually 12 months. It is not a conviction.
Diversion or counselling programs.
A discharge (s. 730).
Acquittal after trial.

Why choose Rashidy & Associates

Careful review of the words and context, including full message histories.
English and Arabic service. Translation matters when the words at issue were spoken in Arabic.
Criminal, family and immigration practices under one roof.
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Frequently asked questions

Can I be charged for a threat I sent by text or posted online?

Yes. Threats conveyed by text, email or social media are covered by s. 264.1. The Crown must still prove the words were a threat and that you intended them to be taken seriously.

What if I was only joking?

If you did not intend to intimidate or be taken seriously, that is a defence. The court looks at the words, the tone, the relationship and the circumstances to decide.

Is a peace bond a criminal record?

No. A peace bond is not a finding of guilt. It is a court order to keep the peace, and breaching it is an offence.

What if the threat was said in Arabic?

Translation can change meaning. We work directly in Arabic and can challenge an inaccurate or out-of-context translation of what was said.

Do I need a lawyer for an uttering threats charge?

Yes. Even a first charge can lead to a record and restrictions on where you live and who you can contact. An experienced lawyer can often negotiate a withdrawal or peace bond.