Summary
The less serious route
2 years
less a day, maximum
and/or a fine up to $5,000 (s. 787)
Uttering Threats Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with uttering threats? Tell us what happened.
Regulator
Uttering threats is an offence under section 264.1 of the Criminal Code. It covers knowingly threatening death, bodily harm, property damage or harm to an animal, in person, by text or online. Threats of death or bodily harm carry up to five years by indictment. A lawyer examines the context.
You said something in anger, or sent a message you regret, and now the police have charged you. You may be facing no-contact conditions, a ban from your own home and the fear of a criminal record. An Uttering Threats Lawyer can help you understand the charge and protect your options from the first day.
Aftermath Law is a criminal defence practice led by Dildeep Sahi. We defend people charged with uttering threats in Mississauga, Brampton and across Ontario. We review the exact words, the context and the evidence, then explain your choices in plain language.
Our phone is answered 24/7, including during an arrest. The first consultation is free.
Charged with uttering threats?
Penalties
Penalties and consequences
Threat to cause death or bodily harm is a hybrid offence. The Crown chooses the route, and that sets the maximum.
THE CROWN CHOOSES
Indictment
The more serious route
5 years
maximum
Threat to cause death or bodily harm, s. 264.1(1)(a)
Threat to damage property or harm an animal is a hybrid offence. The Crown chooses the route, and that sets the maximum.
THE CROWN CHOOSES
Summary
The less serious route
2 years
less a day, maximum
and/or a fine up to $5,000 (s. 787)
Indictment
The more serious route
2 years
maximum
Threat to damage property or harm an animal, s. 264.1(1)(b) or (c)
Uttering threats is a hybrid offence. The Crown elects whether to proceed summarily (less serious) or by indictment (more serious).
The sentence in any case depends on its own facts, and some cases end without a conviction at all.
If the threat involved an intimate partner or family member, that is a statutory aggravating factor at sentencing under s. 718.2(a)(ii). If the threat was made against an intimate partner, the Crown can charge it under s. 263.1. This raises the indictable maximum for a threat to cause death or bodily harm from 5 to 10 years.
These are maximums set by law, not predictions.
Possible, depending on the charge
- Your home and familyRelease conditions can keep you out of your own home or away from family.We work to have conditions varied.
- Your job and licenceEmployers and regulators often ask about charges, not just convictions.
Employment issues, especially in jobs involving vulnerable people or security clearance.
We tell you what to disclose, and when. - Your travel and statusA conviction can affect U.S. entry and immigration status.
Speak to an immigration lawyer as well.
We assess this before any resolution. - Your firearmsPossibleRelease conditions and some sentences can ban you from owning weapons.We challenge a ban that isn't needed.
- Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
7 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.Uttering threatsUttering threats: first offenceWhat to expect in court on a first threats charge.Uttering threatsDeath threats in CanadaWhat the Crown must prove and the penalties for death threats.Uttering threatsCan an uttering threats charge be dropped?Who decides whether a threats charge continues, and how.
The law
What the Crown must prove
The Crown must prove all three.
Your words. You said, wrote or sent the words.
A threat. The words threatened death or injury, property damage, or harm to an animal.
Your intent. You meant your words to scare someone or be taken seriously.
Read the legal wording
Uttering threats is set out in section 264.1 of the Criminal Code. It is an offence to knowingly utter, convey or cause any person to receive a threat in any manner. The threat must fall into one of three categories:
- (a) a threat to cause death or bodily harm to any person;
- (b) a threat to burn, destroy or damage real or personal property; or
- (c) a threat to kill, poison or injure an animal or bird that is the property of any person.
The Crown must prove each part beyond a reasonable doubt. That means proving what was said, that it was a threat in one of these categories, and that you made it knowingly.
Context matters. As a general principle, courts look at the words in their full context. The question is how a reasonable person, aware of the circumstances, would understand them. Words spoken as an obvious joke, or as frustrated venting, may be read very differently than the same words taken alone.
Texts and social media count. The section covers threats made "in any manner." A text, voice note, email, direct message or public post can all lead to a charge.
Digital evidence also raises its own questions. Who sent the message? Is the screenshot complete?
Was an earlier message left out that changes the meaning? These issues can matter a great deal.
Read Criminal Code 264.1 explained and see examples of what counts as a threat.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
Every case is different. Depending on the evidence and your circumstances, outcomes can include:
A peace bond still carries conditions, and breaching one is a separate offence under s. 811. We explain the terms clearly before you agree to anything.
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
The Crown may withdraw the charge if the evidence is weak or the complainant's account changes.
Peace bondAgree to conditions under s. 810.
This is one of the more common resolutions for uttering threats. The Crown may agree to withdraw the charge if you enter a peace bond under s. 810. It lasts up to 12 months and is not a conviction or a criminal record. Where the complainant is a partner, Ontario Crown policy restricts this option. See our peace bonds page for more detail.
DischargeFound guilty, but no conviction is entered.
If you plead or are found guilty, the court may grant an absolute or conditional discharge under s. 730. A discharge is not a conviction.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.TrialThe court hears evidence and decides guilt.
If the Crown cannot prove its case, you may be acquitted.
THE CROWN'S VIEW
How the Crown looks at an uttering threats charge
The Crown can only continue with a threats charge if there is a reasonable prospect of conviction and the prosecution is in the public interest. In threats cases, the evidence often comes down to the words themselves and what they meant in context.
Prosecutors usually ask whether the words, read in context, would be taken as a threat by a reasonable person. They also look at whether the person meant the words to be taken seriously or to intimidate. A message sent in anger, a joke between friends or a song lyric can look very different once the full conversation is reviewed. Our lawyer trained at an Ontario Crown Attorney's Office, so we know a prosecutor will look at the whole exchange, not just one line.
The full context can also shape how the Crown chooses to resolve the case. A threat of death or bodily harm carries up to 5 years. Against an intimate partner, under s. 263.1, the maximum rises to 10 years, which can affect immigration status. See our guide to uttering threats defences.
Your defence
How we defend uttering threats charges
What kind of threat is alleged? - Criminal Code s. 264.1(1)
The section covers specified threats: death or bodily harm, damage to property, and killing, poisoning or injuring an animal or bird belonging to someone. The words relied on must be assessed against the applicable category. We check the actual count and the complete alleged statement before considering its context.
Was a threat knowingly communicated? - Criminal Code s. 264.1(1)
The Code requires the accused to knowingly utter, convey or cause someone to receive a threat. That makes the alleged communication and the person responsible important issues. We examine who spoke or sent it, who received it, and any reliable recording or original message.
What did the words mean in context? - Criminal Code s. 264.1
A short extract may leave out the words or events that explain what was being communicated. We examine the complete conversation, tone where recorded, timing and surrounding conduct. The question remains whether the evidence supports a threat falling within the charged statutory category.
Can the message be attributed to you? - Criminal Code s. 264.1
A screenshot can raise questions about missing messages, shared access and the source of the account. We compare the original conversation where available with timestamps, account information and other evidence of who communicated the words. These checks matter because the prosecution must connect the alleged threat to the accused.
How did police obtain the evidence? - Charter ss. 8, 10(b) and 24(2)
Phone searches and police interviews can raise different rights issues. We check the search authority, detention timeline and access to counsel against the evidence police obtained. For exclusion under section 24(2), the court must decide whether admitting evidence obtained through a breach would bring the administration of justice into disrepute.
Do contact restrictions need a court change? - Criminal Code ss. 515(4) and 519.1
A release order may restrict direct or indirect contact even when the alleged threat was a single message. We review how its wording affects housing, parenting or work, and what written consents a proposed variation would require. Permission from the complainant alone does not vary the order.
WHAT TO DO NOW
What to do if you have been charged
- Stay silent with police. You have the right to remain silent. Ask to speak with a lawyer and say nothing more about the incident.
- Do not contact the complainant. Even a friendly or apologetic message can break your conditions and lead to new charges.
- Do not delete messages or posts. Deleting evidence can cause serious problems. Preserve everything and let your lawyer review it.
- Stay off social media about the case. Anything you post can be used as evidence.
- Read your release paperwork carefully. Follow every condition exactly, including where you can live and who you can contact.
- Call a lawyer before your first court date. Early advice can open options that may not exist later.
PEEL REGION
Uttering threats charges in Mississauga and Brampton
In Mississauga and Brampton, Peel Regional Police investigate threats charges. In Caledon, the Ontario Provincial Police do. If the threat was made to a current or former partner, Peel police treat it as an intimate partner violence case. The Crown's intimate partner violence policy then applies.
The Brampton Crown Attorney's Office prosecutes these charges at the A. Grenville and William Davis Courthouse. If the case does not involve a partner, a first threats charge may be suitable for a community justice program or a peace bond. That depends on the facts and on how the Crown sees the risk. In partner cases, a community justice program is allowed only in rare cases. A peace bond also needs the Crown Attorney's approval. Our Brampton courthouse guide explains how these cases move through court.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Next steps
Talk to a lawyer today
If you have been charged with uttering threats, call (647) 223-1980 any time, day or night. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
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Read the full reviewI had a great experience working with Dildeep. He was responsive, professional, and took the time to clearly explain my options at every step. He paid close attention to detail, answered my questions quickly, and made what could have been a stressful process feel simple and manageable. I always felt informed and confident in the advice I was getting. I highly recommend Dildeep to anyone looking for knowledgeable, client-focused legal help.
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Questions
Frequently asked questions
Can I be charged for a threat I sent by text or posted online?
Yes. Section 264.1 covers threats made "in any manner." Texts, emails, direct messages and social media posts can all lead to a charge. The surrounding messages and context are often key to the defence.
What if I was only joking or just angry?
Courts look at the words in context and ask how a reasonable person would understand them. A joke or angry venting may not amount to a threat in law. Whether that applies depends on the exact words and circumstances, so get advice early.
Can the complainant drop an uttering threats charge?
Not on their own. Once a charge is laid, the decision to continue or withdraw it rests with the Crown prosecutor. The complainant's wishes may be considered, but they do not decide the outcome.
Will I get a criminal record for uttering threats?
Not necessarily. Some cases end in a withdrawal, a peace bond or a discharge, none of which is a conviction. The outcome depends on the evidence, your background and the Crown's position.
Is a peace bond the same as pleading guilty?
No. A peace bond is not a conviction or a criminal record. It is a court order to keep the peace with conditions, usually for up to 12 months. The order does appear on police databases while it is in force.
Is threatening someone a crime?
It can be. Section 264.1 of the Criminal Code covers threats to cause death or bodily harm, damage property, or kill, poison or injure someone's animal or bird. The Crown must prove that the words, read in context, were a threat and that the person meant them to intimidate or be taken seriously.