What may begin as a heated argument can quickly escalate into criminal charges if words are perceived as threats. The consequences of such charges can be severe, impacting both your personal and professional life.
Given the gravity of these accusations, it’s crucial to understand your legal rights and take the necessary steps to protect yourself. Seeking immediate legal advice from an experienced uttering threats lawyer in Edmonton is essential to ensure that your case is handled properly.
This blog will guide you through the steps to take if you’re accused of uttering threats during an argument. It also covers the potential defences available, and how legal representation can help protect your rights and future.
What Does It Mean To Be Accused of Uttering Threats?
Under Canadian law, uttering threats is a criminal offence defined in Section 264.1 of the Criminal Code. This charge applies when someone knowingly utters, conveys, or causes any person to receive a threat to cause death or bodily harm to any person. It also includes threats to burn, destroy or damage property, or to kill, poison or injure an animal or bird that is the property of any person.
The threats can be made in various forms:
- Verbal Threats: Directly spoken to the victim, often during heated arguments or confrontations.
- Written Threats: Delivered through letters, notes, or any other form of written communication, including social media posts.
- Electronic Threats: Made through emails, text messages, phone calls, or other digital means, including social media and messaging apps.
Legal Consequences Of Uttering Threats
The consequences of being convicted of uttering threats are serious and can have long-lasting effects on your life:
- Imprisonment: Depending on the nature of the threat and the circumstances surrounding the case, a conviction for uttering threats can lead to imprisonment. The maximum sentence for this offence can be up to five years if prosecuted as an indictable offence.
- Fines: In addition to or instead of imprisonment, the court may impose fines. The amount varies based on the severity of the offence and the judge’s discretion.
- Permanent Criminal Record: A conviction for uttering threats will result in a permanent criminal record. This record can severely impact various aspects of your life, including:
- Travel Restrictions: A criminal record can limit your ability to travel internationally, as many countries have strict entry requirements for individuals with criminal records.
- Employment Opportunities: Many employers conduct background checks, and a criminal record for uttering threats can hinder your job prospects, especially in professions requiring trust and integrity.
- Personal and Professional Reputation: Being convicted of a violent or threatening crime can damage your reputation, affecting relationships with family, friends, and colleagues.
These serious implications of uttering threats charges underscore the importance of seeking legal assistance. An experienced uttering threats lawyer in Edmonton can help navigate the complexities of your case, work to mitigate the consequences, and protect your future.
Immediate Steps To Take After Being Accused
Stay Calm And Avoid Further Confrontation
The first and most important step after being accused of uttering threats is to stay calm. While it may be tempting to defend yourself immediately, reacting impulsively can often make the situation worse.
- Maintain Composure: It’s crucial to avoid making any further statements or taking actions that could be perceived as threatening or aggressive. Anything you say or do can be used against you in court.
- Do Not Contact the Accuser: Refrain from contacting the person who accused you. Any attempt to reach out, even to apologize or clarify the situation, could be interpreted as intimidation or further threatening behaviour. Instead, communicate through your lawyer.
Document The Incident
Gathering evidence that supports your version of events is essential for building a strong defence. Accurate documentation can help establish the context of the incident and demonstrate that your statements were misunderstood or not intended as threats.
- Collect Witness Statements: If there were witnesses present during the incident, ask them to provide a written statement of what they observed. Their accounts could be crucial in corroborating your side of the story.
- Preserve Digital Evidence: Save any relevant text messages, emails, or social media communications that could provide context or show that your words were not meant to be taken as a threat. This includes any communication before, during, or after the incident.
- Record the Details: Write down your recollection of the event as soon as possible, including the time, location, and circumstances. Note any details that may help explain your actions or statements.
Seek Legal Representation Immediately
Engaging a qualified uttering threats lawyer in Edmonton as soon as possible is vital to protect your rights and begin building your defence.
- Consult a Lawyer: Reach out to a criminal defence lawyer who has experience with uttering threats cases. They can guide you on what to say, what not to say, and how to navigate the legal process.
- Follow Legal Advice: Once you have a lawyer, follow their advice closely. They will help you avoid common mistakes that could jeopardize your case and will work to ensure that your rights are protected throughout the process.
Avoid Discussing The Case Publicly
It’s important to limit your discussions about the case to your lawyer and avoid sharing details with others, especially on social media.
- Keep Off Social Media: Avoid posting about the incident or your legal situation online. Even seemingly innocent posts could be taken out of context and used against you in court.
- Confide in Trusted Individuals Only: Be cautious about who you discuss the case with, as even well-meaning friends or family members might unintentionally disclose information that could harm your defence.
Cooperate With Law Enforcement
If law enforcement becomes involved, it’s essential to cooperate without incriminating yourself.
- Be Polite and Cooperative: Always be respectful and cooperative with the police, but remember that you have the right to remain silent and should not answer questions without your lawyer present.
- Request a Lawyer: If you are taken into custody or questioned, assert your right to speak with a lawyer before answering any questions.
Trust Slaferek Law With Your Defence
At Slaferek Law, we understand the seriousness of uttering threats charges and the impact they can have on your life. Our experienced legal team is dedicated to providing personalized and strategic defence to protect your rights and future. Let us guide you through this challenging time with the expertise you can rely on.
Contact us today to schedule a consultation and take the first step toward securing your defence.