Criminal Defence
Uttering Threats Lawyers in New Brunswick and Nova Scotia
An uttering threats lawyer defends a charge built entirely on words. Under section 264.1 of the Criminal Code, the offence is complete when the threat is made. Nothing has to happen afterwards, and the person threatened does not even have to be afraid. This firm defends uttering threats charges in New Brunswick and Nova Scotia.
Section 264.1 Makes the Threat Itself the Offence
Section 264.1 of the Criminal Code covers three kinds of threat: to cause death or bodily harm to any person, to burn, destroy or damage property, and to kill or injure an animal. A threat against a person is hybrid, with a maximum of five years by indictment and two years less a day on summary conviction. Threats against property or animals carry lower maximums. The words can be spoken, texted, posted or passed through someone else.
The Crown Must Prove the Words and the Intent Behind Them
Two things must be proved beyond a reasonable doubt. First, that the words, read objectively in their context, conveyed a threat. Second, that the accused meant the words to intimidate or to be taken seriously. Words blurted as an insult, a bad joke or an obvious exaggeration can fail either part of that test. Whether the recipient actually felt fear is not an element. Context is the whole case, which is why the messages before and after matter as much as the words charged.
An Uttering Threats Lawyer Reads the Whole Thread, Not the Screenshot
The modern uttering threats file is a text thread, a voicemail or a social media post, reported by an ex-partner, a neighbour or a co-worker. That evidence cuts both ways. It fixes the exact words, which stops the account from growing, and it preserves the context that shows what the words meant. An uttering threats lawyer reads the full thread, not the single message the complainant chose to report. None of that reading happens at the first appearance, which decides nothing: no plea is required that day, and the matter is put over while the Crown produces disclosure. The full thread, the call logs and the complainant’s statement arrive through that disclosure, and plea advice waits until they have been read.
Release Conditions Usually Include No Contact
The charge commonly arrives with an undertaking or release order imposing no contact with the complainant, and courts must consider a firearms condition when the charge involves threats of violence. Where the complainant is a partner or family member, the conditions can keep you from your own home. Conditions can be varied on application. Breaching them instead is a new charge.
Many Threats Files Resolve Without a Trial
Because the offence turns on intent, and because many charges arise from a single heated moment, the Crown will often resolve an appropriate file. The routes are a withdrawal when the accused enters a peace bond, a discharge that leaves no conviction, or the diversion streams each province runs: adult alternative measures in New Brunswick, and the restorative justice program in Nova Scotia. Where the words were not a threat at all, the answer is a trial.
The Province Pages
I Said It in Anger and Apologised Right Away. Does That Matter?
It can. The apology is part of the context that shows whether the words were meant to be taken seriously. It does not erase the charge, but it belongs in the defence.
The Complainant Never Saw the Message. Is That a Defence?
Not by itself. A threat can be uttered to a third person. The question stays the same: what the words conveyed and what you intended.
When Do I Need a Lawyer?
You need a lawyer before giving any statement to police. Explaining what you meant, without advice, is how a defensible intent becomes an admission. Contact the firm before you say anything else to police.
Threats charged alongside repeated following or contact become criminal harassment, and threats with force become assault. Every charge the firm defends is listed at criminal defence.