Uttering Threats Charges
Uttering threats is classified as a violent offence under the Criminal Code. A message sent in anger, a voicemail left in a heated moment, or words spoken in an argument can each give rise to a serious criminal charge. Our Calgary criminal defence lawyers have defended hundreds of these cases and know exactly where these prosecutions are most vulnerable.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
Most people charged with uttering threats did not think of what they said as a threat when they said it. It came out in the heat of an argument. It was sent as a text message in a moment of anger. It was posted online in frustration. It was said to a stranger at a bar in a confrontation that escalated faster than anyone intended.
None of that context eliminates the charge. Uttering threats is a violent offence under the Criminal Code and the law treats it that way. A conviction carries the same employment and reputational consequences as other violent criminal charges, and jail is a possible outcome. Our office has defended hundreds of uttering threats cases. Call (587) 355-8889 for a free consultation. Available 24 hours a day.
What Uttering Threats Means Under the Criminal Code
Section 264.1 of the Criminal Code makes it an offence to knowingly utter, convey, or cause any person to receive a threat to cause death or bodily harm to any person, to burn, destroy, or damage real or personal property, or to kill, poison, or injure an animal or bird that is the property of any person.
Two words in that definition are critical to the defence: knowingly and threat.
Knowingly means the accused was aware they were uttering or conveying a threat. Words spoken in a context where a reasonable person would not have understood them as a genuine threat, or where the accused had no subjective intent to threaten, engage this element directly.
Threat means a deliberate attempt to create fear in the recipient. Angry venting, hyperbole, or expressions of frustration that were not intended to be taken seriously may not meet the legal definition of a threat, depending on the full context in which the words were communicated.
Threats to Cause Death or Bodily Harm
The most serious and most commonly charged provision. Applies to threats directed at a specific person or a member of a group. Maximum sentence on indictment is five years. Where the threat is made against an intimate partner, the domestic violence aggravating factor applies.
Threats to Damage Property
Threatening to burn, destroy, or damage someone's property. Frequently charged in domestic disputes and neighbour conflicts. Maximum sentence is two years.
Threats to Harm Animals
Threatening to kill or injure an animal belonging to another person. This provision is used more frequently than most people expect, particularly in domestic and neighbour dispute contexts where pets are involved.
How Uttering Threats Charges Actually Arise in Calgary
Domestic Arguments
The most common context. An argument between partners or former partners escalates and words are said that one party later reports to police. In the domestic context, an uttering threats charge is almost always laid alongside other charges and the intimate partner violence aggravating factor significantly affects both bail conditions and sentencing exposure.
Text Messages and Social Media
A significant and growing category. Messages sent in anger, direct messages, social media posts directed at a person, and voicemails are all documentary evidence that the Crown preserves and presents at trial. Unlike verbal confrontations where the only evidence is what the parties recall, digital threats create a permanent record that the Crown uses directly.
Bar and Public Confrontations
Threats made to strangers during public confrontations. These matters typically involve witness evidence from bystanders and, increasingly, footage from venue security cameras or nearby phones.
Workplace Disputes
Threats made in the context of a workplace conflict, either directed at a colleague, a supervisor, or communicated through a third party. These matters frequently involve the employer's own investigation records alongside the criminal proceeding.
Why the Context of the Words Matters
The legal test for uttering threats is not purely subjective. It is not simply whether the recipient felt threatened. The court examines the words used, the context in which they were communicated, and whether a reasonable person aware of all the circumstances would have understood the words as a genuine threat.
This is where many uttering threats cases are genuinely defensible.
Words that were spoken in the heat of a moment that both parties understood as frustrated venting rather than a genuine intention to cause harm are different from a calculated, specific threat directed at a named person. Words that were said in a context of mutual anger, where both parties were saying things they did not mean, are different from a one-sided threat delivered in cold blood.
The full context of the communication, the relationship between the parties, the circumstances leading up to the words, and whether there was any genuine capacity or intention to follow through are all relevant to how the charge is assessed and defended.
The Consequences of a Conviction
Uttering threats is classified as a violent offence and a conviction carries the same consequences as other violent criminal charges. It appears on criminal background checks and affects employment in positions of trust, security clearance positions, and roles involving vulnerable populations. It affects cross-border travel to the United States. In professional licensing contexts, a violent offence conviction is treated seriously.
The reputational consequences in social and professional circles frequently begin before any verdict, particularly where the charge arises from a workplace or community context where the parties are known to each other.
Jail is a possible outcome even on a first offence in circumstances where the threat was serious, sustained, or targeted at a vulnerable person.
A defence built in four steps.
We Listen
You tell us exactly what was said or sent, in what context, what the relationship between you and the recipient is, what other charges have been laid alongside the uttering threats allegation, and what other evidence exists. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess whether the words meet the legal definition of a threat in the context they were communicated, how the Crown's evidence was obtained, whether digital evidence can be challenged, and how the uttering threats charge interacts with any companion charges on the file.
We Explain Your Options
We tell you what the charge actually means, whether the context of the words provides a genuine defence, whether diversion is available, and what the realistic outcomes look like given the specific evidence against you.
We Take Action
We obtain full disclosure, challenge the Crown's characterization of the words in their full context, pursue diversion where the circumstances support it, and defend the charge at trial where the evidence warrants a full contested hearing.
Frequently Asked Questions
Can I be charged with uttering threats for something I said in anger?+
Yes. The Criminal Code does not exempt words spoken in anger from the uttering threats provision. However, whether words said in a heated moment constitute a legal threat depends on the full context in which they were communicated. The court examines whether a reasonable person aware of all the circumstances would have understood the words as a genuine threat rather than frustrated venting or hyperbole. Context matters significantly and is one of the central issues in defending these charges.
Can a text message or social media post be used as evidence of uttering threats?+
Yes. Digital communications including text messages, direct messages, emails, voicemails, and social media posts are documentary evidence that the Crown preserves and uses directly at trial. Unlike verbal threats where the evidence depends on what the parties recall, digital threats create a permanent record. However, the full context of a digital communication, including the surrounding messages, the nature of the relationship between the parties, and how the words were received and understood, remains relevant to whether the legal threshold for a threat is met.
Is uttering threats a violent offence?+
Yes. Uttering threats is classified as a violent offence under the Criminal Code. This means it carries the same employment, travel, and reputational consequences as other violent criminal charges. A conviction appears on criminal background checks, affects cross-border travel, and is treated seriously by professional licensing bodies. Jail is a possible outcome in serious cases even on a first offence.
What if I did not actually intend to carry out the threat?+
Whether the accused intended to actually carry out the threat is not the central legal question. The offence is made out if the accused knowingly uttered or conveyed words that a reasonable person would understand as a threat, regardless of whether the accused had any genuine intention of following through. However, the absence of any real capacity or intention to carry out the words is relevant context that bears on how the charge is characterized and can affect the Crown's approach to resolution and sentencing.
How does an uttering threats charge affect bail?+
Uttering threats charges, particularly those arising in a domestic context or those that are part of a pattern of conduct toward the same person, can create real bail difficulties. Standard conditions in domestic uttering threats matters include a no-contact order with the recipient of the threat and often restrictions on communications via any medium. Where the threat was serious or sustained, the Crown may argue for more restrictive conditions. These conditions can be varied if they are disproportionate to the actual risk. Retaining counsel immediately gives you the best position at the bail stage.
Related Practice Areas
Uttering threats charges frequently arise alongside domestic assault allegations, criminal harassment charges, and bail conditions restricting contact. If your situation involves any of these, the defence needs to address all of them together.
Domestic Violence and Assault Calgary
Uttering threats charges in a domestic context almost always sit alongside assault or mischief charges with intimate partner violence aggravating factors.
READ THE DEFENCE GUIDECriminal Harassment Calgary
Repeated threatening communications frequently give rise to parallel criminal harassment charges under section 264.
READ THE DEFENCE GUIDEBail Hearings Calgary
Uttering threats charges create restrictive no-contact and communication conditions. Early counsel gives you the best position at the bail stage.
READ THE DEFENCE GUIDEGeneral Criminal Defence Calgary
Full-service criminal defence across Calgary and Alberta with an emphasis on Charter litigation and trial advocacy.
READ THE DEFENCE GUIDECharged With Uttering Threats in Calgary?
Words said in a moment of anger can follow you for years. The right defence starts today.
Call (587) 355-8889. Free consultation. Available 24 hours a day.