First Offence Uttering Threats in Ontario

The short answer

A first uttering threats charge does not always lead to jail or a criminal conviction. Depending on the facts, possible outcomes include a withdrawal, a peace bond or a discharge. The result depends on the exact words, the context, who was threatened and what you do from this point forward. Careful early steps, especially following your release conditions, can help protect your options. This guide explains the possible outcomes and what you can do now.

Can you go to jail for uttering threats?

Jail is possible, but it is not automatic for a first offence. It becomes more likely in certain situations:

• The threats were detailed, repeated or involved a weapon.
• The person threatened was an intimate partner, a child or a vulnerable person.
• You broke a court order or a release condition.
• You have a prior record for violence.

Possible outcomes for a first offence

A court can also order a weapons ban on a conviction or discharge. It is mandatory if the charge is violence against an intimate partner prosecuted by indictment.

Maximum penalties

• Death or bodily harm: The maximum is 5 years by indictment.
• Against an intimate partner, under s. 263.1: The maximum is 10 years by indictment.
• Property or animals: The maximum is 2 years by indictment.
• Summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both.

What helps a first offender

Several factors can help a person facing a first uttering threats charge, and many of them are within your control from the day you are released. These include having no criminal record, having no contact with the person since the charge, and following every release condition. Steps you take on your own, such as counselling or anger management, can also help, as can context showing that the words were said in a moment of anger rather than as part of a plan.

For example, someone with no record who sent one angry message and has not had contact since is in a very different position from someone who repeated threats after being warned.

How a discharge works

A discharge means the court finds you guilty but does not enter a conviction. An absolute discharge takes effect right away, while a conditional discharge requires you to follow probation conditions for a set period. An absolute discharge is removed from the national police database after 1 year, and a conditional discharge after 3 years, as long as you stay out of trouble (Criminal Records Act, s. 6.1).

Release conditions

Your release conditions will usually ban contact with the person threatened and may ban weapons. Follow them exactly, because a breach is a new charge under s. 145 and can rule out a peace bond or discharge. Indirect contact, such as messages passed through friends or comments on social media, can also be a breach.

What happens after you are charged

1. First court date: Your lawyer obtains disclosure and reviews the evidence.
2. Crown discussions: Your lawyer can ask the Crown to consider a withdrawal or a peace bond, especially for a first offence.
3. Preparation: You may gather letters, counselling records and other material that shows your character.
4. Resolution or trial: If no resolution is reached, the case is set for trial.

Effects beyond the sentence

Even a first conviction can affect employment, volunteer work and travel to the United States. For non-citizens, the outcome can also matter for immigration, and a peace bond or withdrawal is usually much safer than a conviction.

The evidence the Crown will rely on

In a first offence case, the Crown's evidence usually consists of the complainant's statement, any messages or recordings, and the accounts of people who were present. Police often take a statement shortly after the incident, when emotions are running high, and those statements sometimes contain details that later prove inaccurate. Your lawyer will compare each statement with the messages and other evidence to look for inconsistencies.

Threats against an intimate partner

A first offence involving an intimate partner is treated more seriously than a similar threat made to a stranger or acquaintance. If the threat was made on or after July 17, 2026, the Crown may charge it under s. 263.1, which raises the maximum penalty and can make a weapons ban mandatory. Peace bonds are also harder to obtain in these cases because of Ontario Crown policy, so careful preparation for discussions with the Crown becomes even more important.

Preparing material for the Crown

Before your lawyer meets with the Crown, it can help to gather material that shows who you are beyond the allegation. This may include proof of employment or school, letters from people who know you well, records of counselling or anger management, and evidence that you have followed every release condition. A short, well-organized package often makes it easier for the Crown to agree to a withdrawal or a peace bond.

What to do now

• Follow your release conditions exactly, including any no-contact order.
• Consider starting counselling, after discussing it with your lawyer.
• Keep a record of anything that shows the context of the words.

How we can help

We can review the evidence, speak to the Crown about a withdrawal or peace bond, and help you prepare if the case goes further. Call (647) 223-1980 for a free consultation.

Frequently asked questions